Estate inventory
The estate inventory is a list, drawn up by the court commissioner, of all assets and liabilities of the estate at the time of death. It forms the basis for liability and the compulsory portion.
An inventory is drawn up where a conditional declaration of acceptance is made, a person entitled to a compulsory portion requests it, or the law provides for it. It protects the heir, because liability for estate debts is then limited to the value of the estate.
At the same time the inventory creates transparency about the value of the estate. This valuation is often decisive for calculating the compulsory portion and for a later division within the community of heirs.
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Legal basis
- § 802 ABGB
- § 165 AußStrG
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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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.
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Devolution of the estate
Devolution of the estate (Einantwortung) is the court order by which the estate legally passes to the heirs at the end of the probate proceedings. Only then do they become owners.
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