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.
After a death, the court commissioner ascertains the assets and debts, identifies the heirs and receives their declaration of acceptance.
The proceedings conclude with the formal transfer of title, by which ownership of the estate passes to the heirs. Where there are several heirs, a community of heirs exists until division.
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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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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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Statutory succession
Statutory succession governs who inherits when there is no valid will. It allocates the estate by lines of descent and the position of the surviving spouse.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000