Court Commissioner
Court Commissioner
When a person dies, they leave behind not only memories but often also a multitude of legal and financial questions. In Austrian probate proceedings, one person plays a central role: the Court Commissioner. What many do not know is that this is usually a notary public who acts on behalf of the court. They ensure an orderly process of the estate proceedings and are primarily responsible for most steps, from the initial record-keeping to the final vesting of the estate.
In Austria, the Court Commissioner conducts the probate proceedings and guides heirs until the vesting of the estate.
Peter HarlanderHarlander & Partner Rechtsanwälte „Wer vom Gerichtskommissär Post erhält, sollte nicht abwarten, sondern sich aktiv über seine Rechte informieren, insbesondere bei Pflichtteilsansprüchen oder Erbstreitigkeiten.“
The Role of the Court Commissioner in Probate Proceedings
The function of the Court Commissioner is legally regulated. In probate proceedings, notaries public assume this role. The goal is an efficient, streamlined process without unnecessary court involvement. Although the final decision always rests with the court, the actual execution is incumbent upon the Court Commissioner.
The proceedings usually begin with the so-called death registration. Subsequently, the Court Commissioner clarifies the heir status, arranges security measures, receives declarations of acceptance of inheritance, and prepares the vesting of the estate. Wills and other testamentary dispositions are also deposited with him and reviewed.
Duties of the Court Commissioner
As the central procedural authority, the Court Commissioner undertakes a variety of tasks that are necessary depending on the course of the probate proceedings. These can be divided into the following areas:
General Procedural Steps
- Ascertainment of all circumstances necessary for the further administration of the estate
- Ordering and Execution of Security Measures
- Creation of an inventory, provided a conditional declaration of acceptance of inheritance is submitted
- Receipt of testamentary dispositions and other declarations upon death
Types of Proceedings
- Proceedings without administration and vesting of the estate (e.g., in cases of limited assets)
- Transfer of the Estate in Lieu of Payment
- Execution of Estate Insolvency Proceedings
Conduct of the Administration
- Request for the Submission of Declarations of Acceptance of Inheritance
- Receipt and Examination of Unconditional Declarations of Acceptance of Inheritance (with Declaration of Assets)
- Receipt of Conditional Declarations of Acceptance of Inheritance (with Inventory and Creditor Summons)
- Attempt at Settlement in Case of Conflicting Declarations of Acceptance of Inheritance
- Conduct of an Oral Hearing in Case of Doubts Regarding the Right of Inheritance
- Proof of the Right of Inheritance through Suitable Documents
Conclusion and Implementation
- Vesting of the Estate by Court Order
- Participation in the Decision Regarding an Inheritance Division Agreement
- Preparation of any Potential Action for Partition of Inheritance
- Initiation of Registration in the Land Register or Entry in the Commercial Register
Special Duties
- Issuance of Official Certificates Regarding Powers of Representation
- Issuance of a European Certificate of Succession in Cross-Border Inheritance Cases
- Attempt at Settlement Regarding the Fulfillment of a Care Legacy
Furthermore, he is responsible for the execution of the entire administration proceedings.
Harlander & Partner Rechtsanwälte „Der Gerichtskommissär ist im Verlassenschaftsverfahren Dreh- und Angelpunkt, rechtlich neutral und organisatorisch zentral.“
Your Benefits with Legal Assistance
Even if the Court Commissioner undertakes many tasks, he is not partisan but is obligated to neutrality. A private lawyer, however, can specifically represent your interests, for example:
- If there is a dispute between heirs
- In case of doubts about the validity of the will
- For clarification of international jurisdictions
- If forced heirship claims are affected
- For assistance with the declaration of acceptance of inheritance or examination of liability
