Estates and Inheritance Law
Probate proceedings are court proceedings conducted by notaries acting on behalf of the district court. In this function, the appointed notary is referred to as the court commissioner.
Probate proceedings take place in every inheritance case. The purpose of these proceedings is to:
Transfer the estate to the rightful heir under judicial supervision
Protect the rights of minor or legally represented parties
Ensure the implementation of the deceased’s last will
We are happy to assist you even before the formal initiation of probate proceedings and/or prior to the first procedural step.
Authorized Representative of Heirs
Probate proceedings are conducted either by the court commissioner or by an authorized representative of the heirs.
In this case, another notary or attorney agreed upon by all heirs is appointed and authorized to conduct the probate proceedings directly with the court in writing on their behalf.
This can allow for a faster and more personal handling of the estate. Ultimately, we are able to represent and advise you in a much more individualized manner than the court would typically do.
We are pleased to support you as your authorized representative. We provide comprehensive advice and stand by your side throughout the process.
Mandatory Share Beneficiaries
Individual heirs or mandatory share beneficiaries may also appoint a representative to act on their behalf in probate proceedings.
Inheritance law determines who inherits the assets of a deceased person and who assumes the deceased’s debts. A distinction is made between cases where a will exists and those where statutory succession applies.
If a will exists, the claims of so-called mandatory share beneficiaries (parents, grandparents, children, grandchildren, spouses, and registered partners) must also be taken into account, where applicable.
We advise mandatory share beneficiaries regarding their claims and handle representation and communication with the heirs and the court commissioner.
Declaration of Acceptance of Inheritance
In order to formally accept an inheritance, a declaration of acceptance must be submitted. A distinction is made between unconditional and conditional declarations of acceptance.
With an unconditional declaration of acceptance, the heir is liable for all debts and for the fulfillment of legacies with their own assets without limitation. The heir is liable even if they were unaware of the existence of certain claims and even if the debts exceed the assets of the estate.
An unconditional declaration of acceptance is therefore advisable only if the heir has precise knowledge of the financial situation of the deceased. Once made, an unconditional declaration cannot be converted into a conditional one.
Nevertheless, heirs choose unconditional acceptance in the majority of cases, as it is generally the more cost-effective form of probate proceedings—particularly when the heir has a clear overview of the deceased’s assets and/or was already jointly liable for certain debts.
A conditional declaration of acceptance limits the heir’s liability to the value of the estate. In order to determine this value and the liability limit, the estate must be appraised (by experts).
Wills and Codicils
Testamentary dispositions determine who is to receive specific assets of the deceased (legacy = codicil) or who is to inherit a certain share or the entire estate, thereby assuming all proprietary rights and obligations of the deceased (last will and testament = will).
All testamentary dispositions prepared by us are registered in the Austrian Central Register of Wills. This ensures that the testator’s last will can be located and properly taken into account.
Only in cases where statutory succession corresponds exactly to the wishes of the testator and where there are no assets that are difficult to divide may a will be unnecessary. In all other cases, experience shows that having a will is important and usually saves the heirs both costs and potential disputes.
We are pleased to advise you on all matters relating to inheritance law, in particular on the careful distribution of assets, issues concerning mandatory share rights, and questions relating to social security law.
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