Declaration of acceptance
With the declaration of acceptance, a person accepts the inheritance. It can be made unconditionally or conditionally and determines liability for the debts of the estate.
An unconditional declaration leads to full liability for the deceased’s debts, even beyond the value of the estate. A conditional declaration limits liability to the value of the estate taken over.
The declaration is made in the probate proceedings before the court commissioner. Anyone who does not wish to accept the inheritance can renounce it.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your inheritance are always decisive.
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Probate proceedings
Probate proceedings are the court procedure in which the estate is ascertained and transferred to the heirs. They are conducted by a notary acting as court commissioner.
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Statutory succession
Statutory succession governs who inherits when there is no valid will. It allocates the estate by lines of descent and the position of the surviving spouse.
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Community of heirs
Several heirs form a community of heirs until the estate is divided. They manage the assets jointly and can dispose of them freely only after division.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000