If there are no descendants, the second line with parents, siblings, nieces and nephews may become relevant.
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.
In Austria, siblings, nieces and nephews may be relevant in the second parentelic line when the deceased leaves no descendants. The key is the line through the parents: a surviving parent remains in that line, while descendants of a predeceased parent may take that parent’s place.
A spouse or registered partner, a will and the distinction between heir status and a reserved share can change the result. This article explains how to organise family lines, shares and documents in an inheritance dispute without a will.
This short assessment separates surviving parents, predeceased siblings and the effect of a partner or will.
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The answer shows which family line and documents should be reviewed first.
A living parent belongs to the second parentelic line. Descendants of a predeceased parent may take that parent’s line. If there is a spouse or registered partner, the partner’s statutory share must be reviewed as well.
If a sibling died before the deceased, the sibling’s children may enter the relevant line. If the sibling is alive, the sibling’s own position must generally be reviewed instead of treating the children as direct heirs.
A spouse or registered partner can substantially change the statutory share of the second parentelic line. Siblings, nieces and nephews may be statutory heirs, but they are not reserved-share heirs. The will, heir status and any monetary claim must be reviewed separately.
The second parentelic line includes the deceased’s parents and their descendants. It becomes relevant where the deceased leaves no descendants. Each parent forms a separate line. If a parent has died, the descendants of that parent must be reviewed for entry into that line.
The family picture should therefore run from the deceased to both parents and from each parent to their children and further descendants. Half siblings can matter only through the parent they share. Family accounts or names alone do not prove the legal relationship.
Nieces and nephews do not inherit simply because they are the children of a sibling. If that sibling is alive at the relevant time, the sibling’s own position must be reviewed first. If the sibling predeceased the deceased, the children may enter the relevant parent line. The distribution within that line depends on the statutory rules and the complete family situation.
The date of each death is therefore central to the dispute. Birth and death records must show which sibling predeceased the deceased and which children belong to that line. The documents tool supports the first organisation of people, dates and records.
A spouse or registered partner can change the share of the second parentelic line. Under section 744(1) ABGB, the partner generally receives two thirds alongside parents, while one third is divided between the parents. If both parents have died, the descendants in their lines must be identified. Without a spouse or registered partner, the statutory order of the second parentelic line applies directly.
Siblings, nieces and nephews may be statutory heirs, but they are not reserved-share heirs. Under the current rules, the reserved share generally protects descendants and a spouse or registered partner. Statutory heir status and a reserved-share claim must therefore be calculated separately.
The first document file should contain birth records, death certificates, marriage records and evidence of name changes. For half siblings, the shared parent must be visible. Foreign civil-status records may require additional certification or translations, depending on their origin.
The will, probate file, correspondence from the court commissioner and any declarations of acceptance should be kept with the procedural file. A timeline of death dates, records and the current probate stage shows which fact remains open.
Each participant should identify the heir status, family line or share being claimed. The court commissioner can then place the relevant records and declarations in the probate process. Where accounts conflict, the family line should be clarified before discussing payment, sale or distribution of estate assets.
Estate assets, liabilities, lifetime transfers and any marital agreement should be recorded separately. The probate proceedings focus page explains the procedural setting. The statutory succession glossary entry explains the basic terms.
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