Ask for proof first.
Under section 797 ABGB, the estate is not taken over by self help. Claims should be evidenced and allocated to the estate within probate.
Inheritance dispute
Reviewing claims against the estate: heir liability and objections
Heirs should review claims against the estate before paying or expanding their liability unnecessarily.
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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.
16 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 9 July 2026
When invoices, alleged loans or other claims appear after a death, heirs often feel pressured. Paying too quickly may weaken the estate or create personal risk. Rejecting every claim reflexively can create unnecessary conflict.
This article addresses claims against the estate from the heir’s perspective. It focuses on acceptance, inventory, proof and factual objections. For the procedural framework see probate proceedings.
Review claim
How should heirs respond to estate claims?
The first review separates evidence, liability risk and procedure.
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What evidence exists for the claim?
Documents and acceptance determine whether payment, objection or inventory review comes first.
All paths at a glance
Overview of all answers.
Focus: Probate proceedings →
Acceptance and inventory steer liability.
Sections 800 to 802 ABGB distinguish conditional and unconditional acceptance. Conditional acceptance with inventory can limit liability to the estate.
Record objections factually.
If basis or amount is doubtful, the objection should be clear and evidence based. Section 166 AußStrG shows that assets and liabilities are to be recorded in an orderly way.
Why heirs should not pay claims without review
Why heirs should not pay claims without review
Under section 797 ABGB, inheritance is generally acquired by devolution after probate. Before that, it must be clarified whether the claim belongs to the estate and what assets exist.
A private payment or unclear promise can be difficult to correct later. A structured review of contract, invoice, performance period and limitation is safer.
How conditional and unconditional acceptance matter
How conditional and unconditional acceptance matter
Section 800 ABGB permits conditional or unconditional acceptance. Section 801 ABGB describes personal liability after unconditional acceptance, while section 802 ABGB provides for inventory and liability limitation after conditional acceptance.
This distinction is central for estate claims. If the type of declaration is unclear, the file status should be checked before payment or settlement.
How to object to claims factually
How to object to claims factually
An objection should not be generic. It should address basis, amount, due date, performance, payment, limitation and connection to the estate. These points belong in an ordered communication to the notary or later correspondence.
The inventory under the AußStrG helps record assets and liabilities as of the date of death. It does not replace legal review of whether an individual claim is valid.
Estate claims are not an article from the creditor perspective. For heirs, liability, inventory and proof come first.
Frequent questions
Claims against the estate
Must I pay the deceased’s invoices immediately? +
No. First review the claim, its connection to the estate and your own liability.
What protects heirs from personal liability? +
Conditional acceptance with inventory can limit liability to the estate under sections 800 to 802 ABGB.
How should I object to a claim? +
Factually and with reference to evidence. Basis, amount, due date, payment and possible limitation should be reviewed separately.
Topics
Estate claimsHeir liabilityInventoryAcceptanceProbate
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