Burial

A funeral is when the body or ashes of a deceased person are brought to a fixed place, for example, into a grave in the earth or the ashes are scattered in nature.

Corpse

The Austrian legislature has not made any regulation as to how the corpse is to be legally classified.

According to prevailing opinion, the corpse is to be qualified neither as a thing nor as a person. Instead, the corpse is regarded as a “continued personality” as long as it is still clearly identifiable as the body of a specific deceased person. The personality rights of the deceased thus continue beyond their death.

This special legal classification shows that although the corpse is no longer considered a living person, it still has a respectful and protected status.

Form of Burial

Legal Loophole in Austria

Despite clear guidelines, there is a lack of binding legal regulation in some areas. In particular, the legal classification of the corpse is not enshrined in law. Practice, therefore, is based on court rulings and moral principles.

Funeral Arrangement

With a funeral arrangement, you decide for yourself how your funeral should proceed. For example, you specify whether you want a burial or cremation, which cemetery you prefer, or whether there should be special rituals. This relieves your relatives and prevents disputes in the event of death.

The arrangement should be made in writing, clearly formulated and kept in an easily accessible place.

Funeral Contract with a Funeral Company

The funeral contract is concluded directly with a funeral company. In it, the contracting parties regulate all services related to the funeral in a binding manner, often including costs and payment modalities.

Presumed Will of the Deceased

If no one leaves an arrangement, the relatives or the court assume what the deceased would have wanted. Clues can be previous statements or religious affiliation. Previous family customs also play a role.

Will of the Next of Kin

If no clear wishes can be determined, the next relatives decide. Spouses or children have priority.

The closer the relationship, the more likely the decision lies with that person.

Municipality

If no one can or wants to take care of the funeral, the municipality steps in. This form is called a social burial. The costs are then borne by the state, but only for a simple form of burial.

Types of Burial

Cemetery Obligation

In Austria, there is basically a cemetery obligation: burials may only take place in officially approved cemeteries. Exceptions are rare.

Private Burial Site

Private burial sites are possible under certain conditions. If you want to be buried on your own property, you must obtain a special permit.

Burial in the Ground

The traditional form of burial: The corpse is buried in a coffin in the earth. This variant is allowed in all cemeteries.

Burial in a Vault

Especially in cities or in family hereditary tombs, burial in a brick vault is common. It requires special structural requirements.

Cremation

Cremation is becoming increasingly popular in Austria. The ashes can be buried in an urn in the cemetery or in special urn groves.

Natural Burial

These include tree burials, alpine meadow burials or the scattering of ashes. This form requires special areas and permits.

Grave Goods

Grave goods such as personal items, letters or photos are generally allowed, as long as they are not harmful to the environment. Weapons, medicines or batteries are prohibited.

Burial Together with Pets

A joint burial of humans and animals is not allowed in regular cemeteries. However, there are private facilities with special permits where this form of burial is offered. These cemeteries are often called human-animal cemeteries.

Exhumation

An exhumation means that a body that has already been buried is taken out of the grave again. In Austria, this is only allowed in exceptional cases, as the peace of the dead is particularly protected.

Reasons for an exhumation can be:

• A relocation, for example, if the deceased is to be buried in a family grave.
• An official or judicial order, for example in the case of criminal investigations.

Important: An exhumation must be officially approved. Without a valid reason and without the consent of the responsible authority, it is not allowed.

Relocation

The general moral sentiment demands that the peace of a deceased person should not be disturbed as much as possible. The authorities, therefore, only allow an exhumation, i.e. the digging up of an already buried corpse, for the purpose of reburial in another grave, under special circumstances.

A surviving spouse may request a reburial if he or she wishes to rest later in the same grave as the deceased partner. However, the competent authority does not take this wish into account if the spouses last lived separately or were openly hostile to each other and conducted legal disputes.

Amount of Funeral Costs

According to the law (§ 549 ABGB), the relatives or the estate must bear the costs for a funeral that corresponds to the usual framework at the place of residence of the deceased. At the same time, it should fit the lifestyle and assets of the deceased person – i.e. neither be excessively expensive nor inappropriately simple.

The funeral costs include all expenses that are usually associated with a funeral. These include, for example:

• the coffin,
• the grave with tombstone,
• grave decorations,
• the gravedigger,
• mourning clothes,
• obituaries,
• photos of the funeral,
• travel expenses (e.g. taxi to the funeral),
• small tips
• and the so-called Totenmahl (a simple meal together after the funeral).

Important: Only the costs that are directly incurred for the deceased are considered funeral costs in the legal sense. Exaggerated or unnecessary expenses do not have to be covered by others.

FAQ – Frequently Asked Questions.