Check service and address first.
Under section 144 AußStrG, filings in probate are to be directed in an orderly way to the notary or the court. Without proper service, pressure remains procedurally weak.
Inheritance dispute
Heir does not respond: what if probate is delayed?
If an heir does not respond, documentation, the court appointed notary and clean procedural steps help against delay.
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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.
13 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 9 July 2026
If an heir does not respond, the other participants quickly feel blocked. Probate should move forward, but nobody wants to create a procedural error or lose rights.
This article explains how passive co-heirs can be classified cleanly. It deals with service, declaration of acceptance, the court appointed notary and the line between delay and a real inheritance dispute.
Classify blockage
What is delaying probate?
The answer shows whether service, acceptance or a rights dispute comes first.
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How does the delay appear?
Passivity may be a service issue, an open acceptance or a real dispute.
All paths at a glance
Overview of all answers.
Heirs abroad →
Declaration of acceptance anchors the procedure.
Section 157 AußStrG provides for possible heirs to be asked whether and how they accept or refuse the inheritance. Section 159 AußStrG regulates the content of that declaration.
Separate delay from real legal dispute.
If declarations of acceptance conflict, section 160 AußStrG points to clarification of the inheritance right. After devolution, different routes may be necessary.
Why passivity can have different causes
Why passivity can have different causes
Not every missing answer is bad faith. Sometimes the current address is missing, sometimes a participant does not understand the request, and sometimes someone wants to gain time or avoid showing their position.
The first step is classification, not pressure. Which request exists, to whom was it served and which declaration is missing?
What role the court appointed notary plays
What role the court appointed notary plays
Many probate steps run through the court appointed notary. Under section 144 AußStrG, filings are generally directed to the notary unless a court order or remedy is involved.
A person reporting delay should avoid long accusations. A short, evidenced statement is better: who is not responding, since when, which document is missing and why the procedure is stalled.
When delay becomes an inheritance dispute
When delay becomes an inheritance dispute
If the issue is only missing response, service, reminders and procedural organisation are central. If heirship, share, will or estate value is disputed, the matter is a substantive dispute.
Section 160 AußStrG illustrates, with conflicting declarations of acceptance, that such conflicts must be clarified in an orderly way. A tactical solution starts with file stage, records and a clear objective.
With passive heirs, documented calm matters. Clarify address, service, missing declaration and dispute point first, then act.
Frequent questions
Heir does not respond in probate
Can an heir simply block probate? +
Passivity can delay the procedure, but it does not replace a legal position. Service, acceptance and the concrete dispute point are decisive.
Should I inform the court appointed notary? +
Yes, if the delay can be evidenced. The information should be short, factual and supported by records.
What if the co-heir deliberately delays? +
Then file status, deadlines, declarations and possible applications should be reviewed. Generic pressure is usually less effective than a clean procedural step.
Topics
Heir not respondingProbateNotaryAcceptanceDelay
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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