Erbrecht
Estate

Section 171 AußStrG: changing estate representation by joint court notice

When a change in estate representation takes effect under section 171 AußStrG and why every authorised claimant heir must give notice.

BRANDAUER Rechtsanwälte
Your contact

Mag. Bernhard Brandauer

Attorney · BRANDAUER Rechtsanwälte, Salzburg

Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.

22 September 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 13 September 2026

A change in the form of estate representation under section 171 AußStrG takes effect once the court or court commissioner has been notified by all authorised claimant heirs. The agreement between the people involved and receipt of the complete notice therefore need to be examined separately.

This article explains the relevant point in time, the role of section 810 ABGB and the records that make a change of representation traceable in probate proceedings.

Classify your situation

What remains open about the change of representation?

The short assessment separates the complete notice, the participation of every person and proof of receipt.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

What change to estate representation is planned?

First identify the authorised claimant heirs, the new arrangement and how the notice reached the proceedings.

All paths at a glance

Overview of all answers.

01

Prepare a complete joint notice

Under section 171 AußStrG, a change becomes effective once all authorised claimant heirs have notified the court or the court commissioner. Organise the names, declarations of acceptance and intended new form of representation in a traceable document.

Focus: Probate proceedings →
02

Include every authorised person

A single communication does not reach the effective moment under section 171 AußStrG if other authorised claimant heirs are missing. Check who is entitled to represent under section 810 ABGB and whether each person has notified the change.

Focus: Probate proceedings →
03

Make receipt and content provable

The notice must reach the court or the court commissioner. Keep the submitted version, recipient and time of receipt. This shows when the notice from all authorised claimant heirs was complete.

Contact us →

When a change of representation takes effect

Section 171 AußStrG links the effect of a change in the form of representation to a clear point in time. The relevant event is receipt of the notice by the court or court commissioner. The notice must come from all authorised claimant heirs.

The submission should therefore describe the new form of representation clearly. Several coordinated communications should be capable of being linked to one another. The decisive issue remains when the complete notice reaches one of the bodies named in the statute.

Who is authorised under section 810 ABGB

Section 810(1) ABGB gives an heir who sufficiently establishes the inheritance right when accepting the inheritance the right to use and administer the estate and to represent it, unless the probate court orders otherwise. Where these conditions apply to several people, they exercise the right jointly unless they agree on another arrangement.

Before a notice under section 171 AußStrG is given, the current group of authorised claimant heirs must therefore be identified. Heir status alone does not answer the question for every procedural stage. The declarations of acceptance, court documents and any order of the probate court are relevant.

The court or court commissioner as recipient

The statute names two possible recipients: the probate court and the court commissioner. The court commissioner conducts the proceedings on the court’s behalf, receives procedural declarations and forwards relevant material. The file should show where the notice of the change was sent.

An internal understanding between claimant heirs does not replace receipt by the court or court commissioner. Keep the submitted version, recipient, attachments and proof of receipt together.

Document the agreement and the notice separately

Section 810(1) ABGB allows several authorised persons to agree on a different way of exercising the right of representation. That agreement explains the arrangement the parties want to use. Section 171 AußStrG additionally determines when the change takes effect in the proceedings.

The review therefore has two connected questions: Which form of representation did the people involved agree on and when was that change fully notified? A signature on an internal agreement does not replace notice by all authorised claimant heirs to the court or court commissioner.

Which records prove the relevant time

A reliable chronology includes the declarations of acceptance, court orders or communications about representation, the agreement on the new form and every submitted notice. Add the recipient, method of delivery and receipt for each document.

Arrange the documents in the order in which they were sent. This shows whether every authorised claimant heir is included and which point in time is relevant for the complete notice. Any court order must also be compared with the agreed form of representation.

For a change under section 171 AußStrG, the key points are notice by every authorised claimant heir and receipt by the court or court commissioner. A clear chronology makes the relevant time traceable.
Frequently asked questions

Changing estate representation under section 171 AußStrG

Is one joint document required? +
Section 171 AußStrG requires notice from all authorised claimant heirs. The wording does not make a single document the only possible form. Where there are several notices, the people, content and receipt must clearly fit together.
When does the new form of representation start? +
The change takes effect when it has been notified to the court or court commissioner by all authorised claimant heirs. The individual receipts should therefore be recorded precisely.
Is one person’s notice enough? +
One notice does not establish the effective moment under section 171 AußStrG where other authorised claimant heirs are missing. The complete group under section 810 ABGB must be identified first.
What if the court has made a different order? +
Section 810 ABGB makes the authority subject to any contrary order by the probate court. That order must be reviewed together with the declarations of acceptance and notices.
Receive current guidance on Austrian succession and probate proceedings through Brandauer legal updates: Subscribe to the newsletter.
Topics
Section 171 AußStrGEstate representationClaimant heirsCourt commissioner

Inheritance dispute, an overlooked compulsory portion, a doubtful will?

In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg