Submit the original promptly.
An original or envelope should not be held back within the family. Submission and circumstances of the find should be documented.
Will
Will found at home: what must go to the court commissioner
If a will is found at home, originals, copies and envelopes must be secured and submitted without delay.
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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.
11 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 July 2026
A will found in a flat, folder or sealed envelope creates immediate practical questions after death. May it be opened, copied or held back for the moment? Austrian AußStrG section 151 requires documents concerning testamentary dispositions to be submitted to the court commissioner without delay.
This article explains the safe handling of found wills, copies and several versions. It does not replace the article on a missing will, but focuses on the find and submission.
Review find
What should happen with a will found at home?
The classification separates original, copy and several versions.
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What was found?
The type of find determines the safe next step.
All paths at a glance
Overview of all answers.
Glossary: Probate proceedings →
Treat copy as an indication.
A copy does not automatically replace the original. It can still matter if the original is missing or content is disputed.
Disclose all versions.
Where several wills, revocations or additions exist, nothing should be preselected. Legal assessment belongs in the procedure.
Why submission without delay matters
Why submission without delay matters
AußStrG section 151 covers documents concerning testamentary dispositions, revocations, legacy agreements and other succession related declarations. A person holding such documents should submit them to the court commissioner.
This protects the last will and reduces later allegations that a will was held back, changed or produced too late.
How original, copy and envelope are secured
How original, copy and envelope are secured
The original should remain unchanged where possible. Place of find, date, persons present, envelope, annexes and visible damage should be recorded.
A copy may be made in addition but does not replace submission of the original. If uncertain, obtain advice before taking steps that could later be challenged.
What should not happen with several versions
What should not happen with several versions
Several versions are not a reason for private selection. Even an apparently outdated draft, revocation or addition may matter for interpretation.
Where authenticity, form or sequence is disputed, the topic page on contesting a will sets out the next review steps.
A found will should not become a tactical family paper. The earlier find and submission are documented, the smaller the later dispute over withholding or alteration.
Frequent questions
Will found and submission
May I open a will found at home? +
That depends on the find and envelope. The key is not to alter anything and to document submission to the court commissioner.
Is a copy of the will enough? +
A copy may be an indication but does not automatically replace the original. Evidence and circumstances decide the case.
What if several wills appear? +
All versions should be disclosed. Legal assessment of revocation, form and sequence belongs in the procedure.
Topics
WillCourt commissionerProbateDocumentsEvidence
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