Probate (Verlassenschaftsverfahren) in Austria Explained: A 2026 Guide for Families

What Is Probate in Austria?

Probate, known in Austria as Verlassenschaftsverfahren, is the court-supervised process of identifying, gathering, and distributing a deceased person's assets (the estate) to heirs and creditors. Unlike in some other countries, Austrian probate is mandatory for nearly every estate, even if there is a will. The process is governed by the AußStrG (Außerstreitgesetz), specifically sections 143–185, and the ABGB (Allgemeines bürgerliches Gesetzbuch) for inheritance rules.

In plain terms: when someone dies, their property doesn't automatically pass to family. A court (Bezirksgericht) must first confirm who the heirs are, what debts exist, and then formally transfer ownership. This article explains every step so you know what to expect.

Step-by-Step Breakdown of the Verlassenschaftsverfahren

1. Death Notification and Court Initiation

The process begins automatically. The Standesamt (registry office) reports the death to the local Bezirksgericht (district court) where the deceased lived. The court then opens a probate file (Verlassenschaftsakt). No one needs to file a petition; it's triggered by law.

2. Appointment of a Verlassenschaftsverwalter (Estate Administrator)

If the estate has debts or complex assets, the court appoints a temporary administrator (Verlassenschaftsverwalter). This person – often a lawyer or notary – secures assets, pays urgent bills, and manages the estate during the process. In simple cases with only one heir, the court may skip this step.

3. Inventory and Valuation of Assets

The court or appointed administrator compiles a detailed inventory (Inventur) of all assets and debts. This includes bank accounts, real estate, vehicles, stocks, jewelry, and any liabilities. Creditors are invited to file claims within a deadline (usually 6 months). The estate's value determines inheritance tax (Erbschaftssteuer) – though Austria abolished inheritance tax in 2008, some fees still apply.

4. Heir Determination (Erbenermittlung)

The court examines the will (Testament) or intestate succession rules (gesetzliche Erbfolge) to identify legal heirs. If there is a will, it must be probated (Testamentseröffnung). Heirs may be required to provide proof of identity and relationship. In disputed cases, the court may hold hearings.

5. Acceptance or Renunciation of Inheritance

Once heirs are identified, they must decide: accept the inheritance (Erbantrittserklärung) or renounce it (Ausschlagung). Acceptance can be unconditional (unbedingt) – meaning you also take on debts – or conditional (bedingt) – limiting liability to the estate's value. Renunciation must be done within a specific period (usually 3 months after learning of the inheritance).

6. Distribution and Closing (Einantwortung)

After all claims are settled, the court issues a decree called Einantwortung – the formal transfer of assets to the heirs. This is the final step. Heirs then receive a certificate (Einantwortungsurkunde) proving their ownership, which is necessary for selling real estate or accessing bank accounts.

Key Differences Between Austria and Germany

While both countries follow civil law, there are significant differences:

• Court involvement: In Austria, probate is always court-supervised. In Germany, a Erbschein (inheritance certificate) can sometimes be obtained without full probate if heirs agree.
• Executor role: In Austria, the court often appoints a Verlassenschaftsverwalter – similar to a German Testamentsvollstrecker but with broader powers. The German executor is typically named in the will and has more autonomy.
• Taxes: Austria abolished inheritance tax in 2008; Germany still has inheritance tax (Erbschaftsteuer) with progressive rates up to 50% for distant relatives.
• Timeframe: Austrian probate averages 6–12 months; Germany can be faster (3–6 months) for simple estates.
• Legal basis: Austria uses the AußStrG and ABGB; Germany uses the BGB (Bürgerliches Gesetzbuch) sections 1922–2385.

Practical Tips for Families

• Gather documents early: Death certificate (Sterbeurkunde), will (if any), bank statements, property deeds, and list of debts.
• Notify the court: While the court initiates automatically, you should inform them of any will you hold. Delays can occur if documents are missing.
• Consider renunciation: If debts exceed assets, renouncing the inheritance may be wise. You have about 3 months to decide.
• Seek legal help: A notary or lawyer specializing in inheritance law (Erbrecht) can guide you – especially if the estate is large or contested.

Frequently Asked Questions

1. How long does probate take in Austria?

Typically 6 to 12 months for straightforward cases. Complex estates with disputes or many creditors can take 1–2 years or more.

2. Do I need a lawyer for the Verlassenschaftsverfahren?

Not legally required, but strongly recommended – especially if there is a will, multiple heirs, or significant debts. The court may appoint a lawyer as administrator in complex cases.

3. What happens if I renounce the inheritance?

You are treated as if you never inherited. The estate passes to the next eligible heir. Renunciation must be done formally at the Bezirksgericht within the deadline.

4. Is there inheritance tax in Austria?

No, inheritance tax was abolished in 2008. However, some fees apply: court fees for probate (Gerichtsgebühren) and property transfer tax (Grunderwerbsteuer) if real estate is involved.

5. Can I access the deceased's bank account during probate?

Only the court-appointed administrator can access accounts. If you are a named beneficiary on the account (e.g., joint account), you may have immediate access. Otherwise, wait for Einantwortung.

6. What if there is no will?

The court applies intestate succession (gesetzliche Erbfolge) under the ABGB. Spouses, children, and parents inherit in specific order. The process remains the same.

Official Resources and Legal References

For accurate, up-to-date information, consult these official sources:

• Austrian Federal Ministry of Justice: www.justiz.gv.at – information on probate procedures and forms.
• Legal text: Rechtsinformationssystem (RIS) – search for AußStrG §§143–185 and ABGB §§531–824.
• Notary association: www.notar.at – find a notary specializing in inheritance.
• EU Succession Regulation (EU 650/2012): Applies to cross-border inheritances within the EU – determines which country's law governs.

Always verify with an Austrian legal professional for your specific situation, as laws can change and individual circumstances vary.

Ask about your specific situation ↘