How and when does one become an heir?
Last update: 10/1/2012
The right to inherit comes with the death of the person in question. However, the transmission of inheritance to heirs needs a court order, which occurs at the end of a specific procedure. The procedure is carried out by a notary on behalf of the court ( “Verlassenschaftsverfahren” ).
In principle, the heir is liable for the debts of the deceased. However, the heir can limit his/her liability by accepting the inheritance under benefit of inventory. Joint heirs are together liable for the debts of the inheritance.
Detailed information
How and when does one become an heir?
Under Austrian law, no person can acquire an inheritance of his/her own volition. The acquisition of all property rights over the estate requires a writ of possession (by order of the courts) (§ 797 Allgemeines Bürgerliches Gesetzbuch, ABGB). Prior to this order, a legal succession procedure is automatically instituted (by the civil law notary on behalf of the courts). With this procedure the Austrian system differs from most EU Member States. Before an heir can acquire an estate, he/she must sign a declaration accepting the estate and provide proof of his/her entitlement to inherit.
Is it possible to renounce a succession?
It is possible to renounce a succession by filing a declaration with the competent court or with the judicial administrator (Ausschlagung, § 805 ABGB).
Is it possible to accept a succession subject to conditions?
Austrian law provides for the acceptance of an estate without liability beyond the assets descended (§ 802 ABGB). In this case, the judicial administrator will draw up an inventory of the estate and convene a meeting of creditors (§ 165 Abs 2 Ausserstreitgesetz).
Are the heirs and co-heirs liable for the deceased’s debts?
If the heir has filed a declaration accepting the estate unconditionally, he/she will be indefinitely responsible for the deceased’s debts (§ 801 ABGB).
If the estate has been accepted without liability beyond the assets descended, the heir is liable for the debts up to the amount of the assets he/she receives at the time the writ of possession is executed.
Where the estate is divided (§ 812 ABGB), the heir is only liable for the debts covered by the estate, but he/she is not personally liable.
