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.
Without a testamentary disposition, the law determines the heirs. The children and their descendants inherit first, alongside the surviving spouse or registered partner with a share of their own.
If there are no descendants, the parents and their line move up. Even under statutory succession, the compulsory portion of close relatives is preserved.
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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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Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
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Will
A will is a unilateral declaration of how a person’s assets should be distributed on death. It takes precedence over statutory succession but must observe strict formal requirements.
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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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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.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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