Accepting conditionally or unconditionally decides your liability for estate debts. What matters about the declaration of acceptance in Austrian probate proceedings.
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.
Sooner or later in probate proceedings the declaration of acceptance is due. With it you accept the inheritance. Whether you accept conditionally or unconditionally decides whether you are liable for estate debts only with the estate or also with your own assets.
This article explains the difference between the two forms, shows the role of the estate inventory and sets out when which declaration fits. It does not replace advice in an individual case but provides the basis for a conscious decision.
Answer one short question about the state of the estate. You will receive a first assessment of the suitable form of declaration.
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The answer decides whether a conditional or an unconditional declaration fits your situation.
A conditional declaration of acceptance limits liability to the value of the estate. It requires an estate inventory that orders assets and debts. As long as liabilities are possible, this is usually the more cautious choice.
This keeps your own assets out of reach of the estate creditors.
The unconditional declaration of acceptance leads to liability with your own assets as well. It should only be considered where assets and debts are reliably known and there is no risk of hidden liabilities.
In case of doubt the conditional declaration is the safe route, because it limits liability to the estate.
Without an overview, an estate inventory should be drawn up before the declaration. It records assets and debts as at the date of death and is the basis of a conditional declaration. The court commissioner sets a reasonable deadline for it.
Only with clear figures can you responsibly decide between conditional and unconditional.
In Austria the estate does not pass automatically. Anyone who wishes to inherit makes a declaration of acceptance in the probate proceedings. Only with the devolution of the estate by the court does the estate formally pass to the heirs.
The declaration is more than a formality. It determines the extent to which you answer for the debts of the deceased. This setting of the course can hardly be corrected later, which is why it deserves careful preparation.
With a conditional declaration of acceptance you are liable for estate debts only up to the value of the estate. If the debts exceed the assets, your own money stays protected. The condition is an estate inventory that records assets and debts as at the date of death.
This form makes sense whenever liabilities are in play or the estate cannot be fully surveyed. The additional effort for the inventory pays off because it creates a clearly calculable risk.
The unconditional declaration of acceptance means you are liable for all estate debts with your private assets as well. If further debts surface after the devolution, you must bear them even where they exceed the value of the estate.
This form makes sense only where assets and debts are reliably known and there is no risk of hidden liabilities. In all other cases the conditional declaration is the more cautious choice.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
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