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Prerequisites

Documents required

• Your official photo ID (identity card or passport)
• Death certificate of the testator (deceased person)
• Documents to document the status as legal heir, for example:
  • Family register
  • Marriage certificates of the deceased
  • Birth certificates of the testator’s children and grandchildren
  • Adoption documents
  • Divorce decrees with legal force
• Evidence why certain persons who would actually be (co-)heirs are not heirs, for example:
  • Death certificates of children and grandchildren or spouses of the deceased
  • Declarations of renunciation of inheritance
  • Declarations of renunciation of inheritance
• Information on whether there is a court case regarding your inheritance rights
• If applicable, wills or inheritance contracts
• For married couples, proof of marital property status
• In the case of registered civil partnerships, proof of assets

If the testator had no children, the following must be submitted:

• Birth certificate of the testator
• If applicable, death certificates of the testator’s parents
• If applicable, birth certificates of the testator’s siblings
• If applicable, death certificates of the testator’s siblings
• If applicable, birth certificates of the testator’s nieces and nephews

In addition, marriage certificates of heirs must be submitted if their surname has changed as a result of the marriage.

Please note

To prove your status as an heir in the case of legal succession (if there is no will or inheritance contract), you must submit various documents. This involves documenting all events in your family that are relevant to inheritance law and that relate to the testator. These can include marriage, divorce, births of children, deaths, renunciations of inheritance and the like. If you are not sure which documents you must submit, you can ask the responsible probate court.

 Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No.

Procedure

You apply for a minimum partial inheritance certificate at the responsible probate court (usually the court in whose district the deceased had his last habitual residence.

• Submit an application there for the issuance of a certificate of inheritance.
• To do so, use the online service "Make an appointment to submit an application for a certificate of inheritance". Using the online service, you can submit an application for an appointment to submit an application for a certificate of inheritance to the probate court responsible for you.
• Alternatively, you can also use the form provided.
• Attach all required documents.
• You can also submit the application through an authorised person, such as a notary or a lawyer, or have it recorded in court.
• The district court will contact you to arrange an appointment.
  Make a personal sworn statement at the appointment before the district court or before a notary. This confirms that you are not aware of anything that would contradict the accuracy of the information you provided in the application for a certificate of inheritance.
  • This is not necessary if the district court waives it.
  • If a notary certifies the declaration under oath, this person can at the same time certify the application for a certificate of inheritance.
• After you have applied for the certificate of inheritance, the local court will check your eligibility and issue the certificate of inheritance.

Processing time

The processing time depends on the respective facts and the responsible district court.

Fees

The amount of the fees depends on the value of the estate (inherited assets) after deducting the debts of the testator (deceased person).

• For example, the issuing of a certificate of inheritance by the probate court costs:
  
  
  
  • for an estate value of EUR 30,000 EUR 125.00
  
  
  • for an estate value of EUR 100,000 EUR 273.00
  
  
  • for an estate value of EUR 500,000 EUR 935.00
  
  


• In addition, you must pay fees of the same amount for the certification of an affidavit at the probate court or at a notary public


• In addition, there may be writing expenses and sales tax


• Applicants residing abroad may be required to pay an advance on costs.

Legal remedies

An appeal can be lodged against the refusal to issue a certificate of inheritance (appeal period of one month).

Legal basis