Devolution of the estate
Devolution of the estate (Einantwortung) is the court order by which the estate legally passes to the heirs at the end of the probate proceedings. Only then do they become owners.
Until devolution the estate forms a separate body of assets that no one may dispose of on their own authority. The order requires, among other things, the declarations of acceptance and proof of the right of inheritance.
Devolution ends the probate proceedings. Where there are several heirs, a community of heirs first arises, which then divides the estate among themselves.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
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Probate proceedings
Probate proceedings are the court procedure in which the estate is ascertained and transferred to the heirs. They are conducted by a notary acting as court commissioner.
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Declaration of acceptance
With the declaration of acceptance, a person accepts the inheritance. It can be made unconditionally or conditionally and determines liability for the debts of the estate.
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Community of heirs
Several heirs form a community of heirs until the estate is divided. They manage the assets jointly and can dispose of them freely only after division.
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Address
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Phone
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