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.
As long as the estate is undivided, it belongs to all co-heirs jointly. Ordinary administration is generally decided by a majority of shares, while important changes require unanimity or a court decision, which often leads to conflict where real estate is involved.
Each co-heir may demand division. If the estate cannot be divided in kind, a takeover against compensation or a court-ordered sale may follow (see division of the estate).
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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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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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Compulsory portion
The compulsory portion is the statutory minimum share of close relatives in the estate. It amounts to half of the statutory share of inheritance and is generally payable in money.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
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