The court commissioner guides through the probate proceedings. Which documents to bring to the appointment and how to prepare for the record of the death.
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.
After a death in Austria the court commissioner gets in touch. This is a notary whom the court entrusts with conducting the probate proceedings. The first personal step is usually an appointment for the record of the death, at which the assets and the relatives are established.
This article explains the role of the court commissioner, shows which documents you should bring and how to prepare for the appointment. It does not replace advice in an individual case but gives you reliable orientation.
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Where documents and an overview are at hand, the appointment with the court commissioner clarifies the record of the death and prepares the declaration of acceptance. Bring the records in order so the probate proceedings move forward swiftly.
You should clarify open questions on liability before the declaration.
If documents are missing, you should obtain them before the appointment. Important are, for instance, the death certificate, identity documents, bank statements as well as land register and insurance records. They form the basis of the record of the death in the probate proceedings.
The more complete the documents, the smoother the appointment runs.
Where the course is unclear, an overview of the court commissioner tasks helps. The commissioner takes the record of the death and guides through the proceedings up to the declaration of acceptance. Whoever knows the course can prepare the appointment in a targeted way.
Early orientation saves queries and delays.
The court commissioner is a notary acting on behalf of the district court. He conducts the probate proceedings under the AußStrG, establishes the assets and prepares the decisions of the court. He is thus the central point of contact for the heirs.
His tasks include the record of the death, in which family relationships, assets and debts are set down. On this basis the further proceedings develop up to the devolution of the estate. Whoever knows his role can contribute in a targeted way.
For the record of the death, documents on the person and the assets are important. These include the death certificate, identity documents of the deceased, an existing will as well as proof of accounts, real property and insurance. Open claims and debts also belong here.
Bring the documents in order, for instance separated by assets and liabilities. This makes the commissioner record easier and speeds up the proceedings. If something is missing, it can usually be submitted later.
At the appointment the court commissioner records the data and explains the further course. He asks about possible heirs, about a will and about the known assets. These details feed into the record of the death, which structures the proceedings.
An important setting of the course is the declaration of acceptance. With it you accept the inheritance and decide on the form of liability. This declaration should be prepared, because it can hardly be corrected later.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
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