First steps after the death.
Secure documents and asset records. The probate proceedings are opened by the court through a notary acting as court commissioner.
Focus area
Probate proceedings
Securing your position in the Austrian probate procedure: conditional acceptance, inventory, estate curator and disputes over devolution.
Orientation
Where do you stand in the probate proceedings?
The probate proceedings govern the transfer of the estate. Choose your phase and we will show the next steps.
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01 Question 1
Which phase are you in?
All paths at a glance
Overview of all answers.
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Limit your liability.
With a conditional declaration of acceptance you are only liable up to the value of the estate. This protects your private assets from estate debts.
Unconditional declaration with care.
An unconditional declaration of acceptance leads to full liability, even for unknown debts. It is only sensible where the estate is clearly positive.
Conditional declaration recommended.
Where the situation is unclear, the conditional declaration of acceptance with an inventory protects against surprises. Liability stays limited to the estate.
Almost every death in Austria triggers a court-led probate procedure, conducted by a notary acting as court commissioner. It clarifies who inherits, what belongs to the estate and how it passes on. Where the estate is of low value, the procedure may be dispensed with or the estate handed over in lieu of payment. We guide you through the procedure.
At the end stands devolution, by which ownership of the estate passes to the heirs. Until then, the estate is a legal entity in its own right.
Course of the procedure
After the death, the court commissioner records the death, identifies the heirs and the assets and, where necessary, draws up an inventory. The heirs submit their declaration of acceptance, then devolution follows.
- Record of death by the court commissioner (notary)
- Declaration of acceptance: conditional or unconditional
- Inventory and valuation of the estate
- Devolution to the heirs
Conditional or unconditional acceptance
With a conditional declaration of acceptance you are liable for estate debts only up to the value of the estate; an inventory is drawn up. The unconditional declaration means full personal liability. Where the financial position is unclear, the conditional declaration is usually the safe route.
Estate curator
If it is unclear who inherits, if the heirs are unknown or at odds, or if the estate urgently needs administration, the court appoints an estate curator. They secure and administer the estate until succession is clarified. We take on such curatorships and represent you towards the curator.
This page gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
Frequently asked questions
What clients often ask.
Do I have to accept the inheritance? +
No. You can accept conditionally or unconditionally, or renounce the inheritance. With an over-indebted estate, renunciation or conditional acceptance can make sense. We check the financial position before you declare.
How long does a probate procedure take? +
Simple cases are settled within a few months. With disputes, foreign elements or complex assets it takes considerably longer. We make sure nothing is left lying around.
What all belongs to the estate? +
In principle the entire inheritable assets: real estate, accounts, securities and company shares, but also debts. Digital assets also belong to it.
What if the heirs are unknown or at odds? +
Then the court can appoint an estate curator who secures and administers the estate. We take on this function or represent heirs towards the curator.
Related topics
This may also be relevant to you.
Inheritance dispute
Conflict over the estate: competing declarations of acceptance, the inheritance action and enforcing your position in probate.
Compulsory portion
A minimum share for children and spouses, even after disinheritance. Quota, gift attribution, deferral and enforcement against the heirs.
Contesting a will
Defects of form and intent, lack of testamentary capacity, unworthiness and disinheritance. When a last will can be overturned.
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