When a co-heir administers the estate, specific requests can clarify account movements, income, expenses, records and use benefits.
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.
When a co-heir administers an estate, the dispute is rarely about an abstract right to information. It usually concerns specific account movements, rental income, invoices, estate items or exclusive use.
This article separates the position before and after devolution and shows how to prepare an information or accounting request so that its period, document and legal purpose are clear.
The short assessment distinguishes representation, community administration and missing accounting records.
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This determines whether representation of the estate or administration by the community of heirs must be reviewed first.
Before devolution, first establish who may represent and administer the estate under section 810 ABGB. A co-heir should not infer comprehensive authority to dispose of estate assets from heir status alone. Secure the court documents, declarations of acceptance and details of the proposed measure.
After devolution, the community rules beginning with section 825 ABGB and administration under section 833 ABGB must be considered. Check whether the matter concerns ordinary administration, an exceptional measure or personal use. The distinction affects questions of consent, information and accounting.
Do not request everything in the abstract. Define the period, account, income or expense and its connection with the estate. Bank statements, rental records, invoices, payment receipts and an inventory of estate items show whether information or a more detailed accounting is needed.
Section 810 ABGB is relevant to representation and administration of the estate before devolution. The first question is therefore who may act and whether the specific measure requires court approval or coordination.
After devolution, the legal position must be classified differently. Section 825 ABGB concerns the community, while section 833 ABGB provides an important framework for distinguishing ordinary administration of common property. Whether a measure falls within that framework depends on its content and circumstances.
Useful accounting shows which income was received for the estate and which expenses were paid from it. This can include rent, insurance payments, ongoing operating costs, repairs, taxes and payments to service providers.
For each item, record the date, amount, payer or recipient, reason for payment and supporting document. For account movements, define the relevant period. A total sum does not replace traceability when individual entries or their connection with the estate are disputed.
An information request should identify the specific estate account or income item. Depending on the facts, relevant material may include statements for a defined period, rental agreements, payment demands, invoices and proof of payment. If a co-heir's private account is involved, explain which entries have a plausible connection with the estate.
Keep income, necessary estate expenses and payments benefiting only one person separate. This makes it possible to see whether an account is missing, whether an expense needs proof or whether a separate payment or recovery claim needs review.
Accounting is not limited to money. An inventory of estate items with their location, condition and, where appropriate, value may be needed if items are missing, sold or taken over by one person. Photographs, handover records and messages help preserve the factual position.
If one co-heir occupies or otherwise uses estate property alone, record the use, period, agreements, contributions to costs and any actual benefit separately from general estate expenses. A blanket demand is not enough. The relevant circumstances include the heirs' arrangement, the actual use and verifiable costs and benefits.
Start by identifying your position, the relevant period and the part of the estate concerned. Link each requested item to something verifiable, such as statements from a named account, rental accounts, invoices for a particular property or a current list of specified estate items.
Also explain the purpose, for example reviewing community administration, preparing an account between co-heirs or assessing a payment claim. If the request is ignored, the procedural stage, evidence and appropriate next step must be reviewed separately.
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