Confirmation of Inheritance

The confirmation of inheritance is the final step in the Austrian inheritance proceedings. It determines who is legally recognized as an heir and takes over the assets of a deceased person. In practice, it marks the point in time from which the heirs actually become the owners of all estate assets. Errors or ambiguities in the procedure often lead to unnecessary delays or risks. It is therefore all the more important to know the legal procedures and requirements exactly.

Time of Confirmation of Inheritance

The court will only carry out the confirmation of inheritance once all legal requirements have been met and there are no more procedural obstacles. Only then will the estate be formally and irrevocably assigned to the heirs.

Options for Disposal before the Confirmation of Inheritance

Before the confirmation of inheritance order becomes legally binding, heirs may only take administrative measures to secure and maintain the estate. Dispositions for their own benefit, such as the payment of bank balances or the sale of estate objects, are generally inadmissible until the confirmation of inheritance and can lead to disinheritance.

Legal Requirements:

In order for the district court to issue the confirmation of inheritance, the following requirements are mandatory:

Formally Valid Declaration of Acceptance of Inheritance:

At least one person must have submitted a positive declaration of acceptance of inheritance that complies with the statutory requirements.

Proof of Inheritance Right:

The entitlement to inherit must be proven without any gaps. This concerns both the identity of all heirs and the exact amount of the respective inheritance quota. Decisive factors include testamentary dispositions, wills or legal succession.

Inventory or Declaration of Assets:

The entire estate must be fully recorded. This is usually done by means of a judicial inventory or by a declaration of assets submitted by the heirs, which makes the extent of the estate transparent.

Submission of further Evidence:

If there are special regulations such as a compulsory portion, a division of inheritance or a testamentary order, these must also be fully documented (§ 176 AußStrG). Incomplete documents can significantly delay the procedure.

If all requirements are met, the court issues the confirmation of inheritance order and definitively transfers the assets to the heirs.

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Legal Effect of the Confirmation of Inheritance

With the confirmation of inheritance, the heirs receive the entire assets of the deceased without further formalities. The procedure is thus completed and the heirs immediately become the legal owners of all estate assets. This includes not only money and movable objects, but also real estate and all associated rights.

Direct Transfer of Ownership:

With the judicial confirmation of inheritance order, both movable and immovable assets are transferred directly to the heirs. In the case of real estate, an entry in the land register is still required, but this only has a confirming effect, as ownership already exists with the confirmation of inheritance.

Universal Succession:

The heirs automatically enter into all rights and obligations of the deceased. This concerns not only credit balances and valuables, but also outstanding claims and existing debts.

Liability:

The extent to which the heirs are liable for debts depends on the declaration of acceptance of inheritance submitted. In the case of an unconditional declaration, they are also liable with their own assets, while in the case of a conditional declaration, liability is limited to the value of the estate.

Loss of Independence of the Estate:

With the confirmation of inheritance, the legal independence of the estate ends. From this point in time, only the heirs are the bearers of all rights and obligations.

Important note:
An approved segregation of the estate remains in place even after the confirmation of inheritance. This means that certain creditor rights to the estate remain protected.

Content of the Confirmation of Inheritance Order

The confirmation of inheritance order documents all relevant information relating to the inheritance, in particular:

• Data of the deceased (name, date of birth and death, last place of residence)
• Names, dates of birth and addresses of the heirs
• Inheritance title and inheritance quotas, any division agreements
• Type and content of the declaration of acceptance of inheritance
• Information on real estate and necessary land register entries
• Determination of court costs and fees
• References to outstanding procedural steps (§ 178 AußStrG)

With the legal force of the confirmation of inheritance order, the so-called universal succession comes into effect: The heirs become the universal legal successors of the deceased and take over their rights and obligations without further formal acts.

Service and Legal Force:

The confirmation of inheritance order is served on the heirs and all other parties involved. The order becomes legally binding upon expiry of the appeal period (usually 14 days). Only then can the heirs dispose of the estate without restriction, have real estate entered in the land register or take over bank balances.

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Legal Remedies and Appeal:

An appeal against the confirmation of inheritance order is permissible. The right of appeal is available to all parties involved who are aggrieved by the decision. An appeal must be lodged with the competent court within fourteen days of service of the order. If an appeal is lodged, the legal force and thus the transfer of the estate is delayed.

Exceptional Cases:

In exceptional cases, for example in the event of unclear inheritance, disputed interpretations of wills or missing heirs, the confirmation of inheritance can be limited to individual assets or can be carried out provisionally. Special regulations also apply in the event of an unclear estate situation, in the case of minor heirs or in international inheritance cases, which must be observed in the procedure.

Legal Advice

Anyone who wants to secure their rights as an heir should not risk making mistakes in the procedure. Even an unclear declaration of acceptance of inheritance or a missing proof can lead to delays. As a law firm with many years of experience in inheritance law, we accompany you through the entire process and take over the communication with the court, the examination of inheritance law evidence and the legally secure formulation of all declarations for you.

Your advantages with us:

• Examination of all inheritance law requirements
• Secure support in submitting the declaration of acceptance of inheritance
• Clarification of compulsory portion and special claims
• Efficient communication with court and notary
• Avoidance of loss of rights due to missed deadlines

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FAQ – Frequently Asked Questions