Clarify the circle of heirs.
Without a will, statutory succession decides who becomes an heir. Relationship, marriage or registered partnership and possible exclusion issues must be reviewed first.
Inheritance dispute
No will in Austria: who inherits first under statutory succession in a dispute
Without a will, statutory succession decides who inherits in Austria. Where disputes commonly arise after death.
Your contact
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.
8 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
If there is no will, Austrian statutory succession applies. This may sound simple, but disputes often arise over heirship, compulsory portion rights and division.
This article explains which relatives must be reviewed first, why compulsory portion and heirship differ and where conflicts usually appear in probate.
Place your situation
Who inherits if there is no will?
Answer one short question. You will receive a first indication which issue should be reviewed first.
Already know you want to get in touch? Go straight to the enquiry form.
What is unclear after the death?
The answer identifies the first legal distinction.
All paths at a glance
Overview of all answers.
Glossary: Statutory succession →
Separate heirship and compulsory portion.
Not every close person becomes an heir. Some persons may have only a compulsory portion claim, others no claim at all. The role determines the next step.
Handle the community of heirs in order.
If several statutory heirs exist, disputes over use, sale or payment may arise quickly. Division can be negotiated only after heirship is clear.
How statutory succession defines the heirs
How statutory succession defines the heirs
Statutory succession is based on family relationship and marriage or registered partnership. Children and spouse are usually central, then further relatives may follow under the statutory order.
In a dispute, civil status, descent and previous legal changes must be evidenced. Family stories do not replace records.
Why compulsory portion and heirship differ
Why compulsory portion and heirship differ
A compulsory portion claim is not the same as being an heir. A person with only a compulsory portion claim usually seeks money, not automatic co-administration of the estate.
This distinction affects information, negotiation and procedure. Wrong roles lead to wrong claims.
Where several statutory heirs often conflict
Where several statutory heirs often conflict
Several heirs must deal with estate assets together. Property, accounts and family items often create disputes over use, valuation, sale and equalisation.
A reliable solution starts with shares, estate values and clear communication. Only then should sale, payment or settlement be discussed.
No will does not mean no dispute. The circle of heirs, compulsory portion rights and division must be kept separate.
Frequent questions
No will and statutory succession
Who inherits first if there is no will? +
This depends on the relatives who exist. Children and spouse or registered partner are reviewed first, then further relatives under the statutory order.
Am I automatically an heir if I have a compulsory portion right? +
No. Compulsory portion rights and heirship are different. This affects rights, procedure and claims.
What happens if several heirs exist? +
Shares, estate values and further administration must be clarified. Disputes often arise over property, accounts and equalisation payments.
Topics
Statutory successionNo willInheritance disputeProbate
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000