Separate representation and control.
Parents do not have unlimited authority. Important asset decisions require review of child welfare, estate value and possible approval.
Estate
Managing an inheritance for a minor until adulthood in Austria
When a minor inherits, management, representation, court approval and conflicts of interest must be kept separate.
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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.
18 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 16 July 2026
When a minor child inherits, the family alone does not decide everything. Management, representation, court involvement and possible conflicts of interest must be organised until adulthood.
This article complements the existing article on minor heirs and conflict curators. The focus here is ongoing management of money, inheritance shares and real estate.
Classify management
Who decides until adulthood?
A short assessment shows whether representation, court or curator is central.
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Who wants to act for the minor heir?
The role determines whether approval, court review or a curator comes first.
All paths at a glance
Overview of all answers.
Minor heirs in conflict →
Check conflict of interest early.
If parents, stepparents or co-heirs have their own interests, a conflict curator may become important before settlement or waiver.
Approval may decide the case.
With real estate, waiver, disclaimer or settlement, it is rarely just a signature issue. The court reviews whether the step benefits the child.
Why management is not just a family matter
Why management is not just a family matter
Sections 164 and 167 ABGB concern legal representation and important matters of the child. In inheritance cases, assets are often unclear and conflict driven.
The question is therefore not only who may sign. It is whether the decision benefits the child, needs approval and is free from conflicting interests.
Which assets are especially sensitive
Which assets are especially sensitive
Money, securities, shares in the estate, real estate, business interests and debts must be viewed separately. Real estate can be valuable and still create running costs.
If the estate is unclear or over-indebted, liability is also relevant. The article on estate inventory and liability gives related context.
When court or curator should be involved
When court or curator should be involved
Where waiver, settlement, disclaimer or larger asset decisions are discussed, the approval position should be checked. Section 147 AußStrG can matter in probate.
A conflict curator is not automatic, but conflicting interests should be taken seriously. This protects the child and stabilises later decisions.
How relatives avoid disputes until adulthood
How relatives avoid disputes until adulthood
Clear accounts, receipts, annual summaries and written agreements help. Oral family arrangements rarely suffice when values are disputed years later.
A person acting for a child should not make premature declarations. Estate, liability and approval should be clarified before settlement is negotiated.
With minor heirs, child welfare comes first. Management, approval and conflicts of interest should be reviewed before any signature.
Frequent questions
Minor heirs until adulthood
May parents simply manage inherited assets? +
Not without limits. Depending on asset, risk and conflict of interest, court approval or a curator may be needed.
What if the child inherits a house? +
Costs, use, sale, letting and division of the estate must be reviewed separately. Real estate needs clear records.
Should a minor sign a settlement? +
Only after reviewing claim, estate value, liability and approval. A quick settlement can cause problems later.
Topics
Minor heirsProbateAsset managementCuratorCourt approval
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000