Review parent line first.
In the second line, the parents of the deceased and their descendants matter. If one parent is alive, that position must be clarified first.
Estate
Siblings, nieces and nephews: who inherits in the second line?
If there are no descendants, the second line with parents, siblings, nieces and nephews may become relevant.
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Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
8 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 July 2026
Not every inheritance dispute is between children and spouses. Where there are no descendants and parents are deceased or only one parent survives, siblings, nieces and nephews may become relevant. ABGB section 735 regulates the second line of the deceased person parents and their descendants.
This article is not a general textbook on parentelic succession. It focuses on documents, family lines and procedural steps where collateral relatives dispute probate. The article no will and statutory succession remains the core starting point.
Clarify collateral line
Who may be relevant in the second line?
The assessment separates parents, siblings and descendants of siblings.
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Which group is unclear?
The answer shows which proof is needed first.
All paths at a glance
Overview of all answers.
Glossary: Statutory succession →
Review descendants of siblings.
If siblings predeceased, their descendants may come into view. Exact lines and complete records are needed.
Organise proof carefully.
For distant relatives, civil records, residence indications and procedural clarification decide the matter. Family stories do not replace legal descent.
What the second line under ABGB section 735 means
What the second line under ABGB section 735 means
ABGB section 735 concerns the parents of the deceased and their descendants. Siblings, nieces and nephews can therefore become relevant where the deceased has no descendants.
The review is often fact heavy. It is not only about names but about birth, death and civil status records as well as half siblings or unknown participants.
Why nieces and nephews should not be excluded too quickly
Why nieces and nephews should not be excluded too quickly
If a sibling predeceased, that sibling descendants may have to be considered. This must be checked by line.
In long separated families, mistakes occur when only known persons are considered. The documents tool helps with first organisation.
How collateral lines are proven in probate
How collateral lines are proven in probate
Birth certificates, death certificates, marriage records, residence indications and where relevant certified foreign documents or translations matter.
A person relying on a collateral line should show the chain from the deceased through the parents to siblings and their children. This makes probate communication clearer.
Collateral lines look complex, but clear records make them manageable. Without proof, the second line is vulnerable to dispute.
Frequent questions
Siblings, nieces and nephews
Do siblings inherit if there are no children? +
They may become relevant in the second line. The parents of the deceased and the exact family situation must be reviewed first.
Can nieces and nephews inherit? +
Yes, where the line through a sibling becomes relevant. The concrete share depends on family constellation and proof.
Which records are especially important? +
Birth, death and marriage records as well as proof concerning half siblings or cross border elements are often decisive.
Topics
SiblingsNiecesNephewsSecond lineSuccession
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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