After a death, the first quarter often decides the later negotiating position. Which deadlines run, which documents to secure and when legal review is worthwhile.
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 close relative dies, grief coincides with a series of legal decisions. In the first weeks especially, statements are made and documents are cleared away that later determine the negotiating position in a dispute. Those who keep an overview early come under pressure less often.
This article sets out which steps in the probate proceedings come first, which deadlines actually run and which documents you should secure before they disappear. It does not replace advice in an individual case but creates the basis for a first conversation.
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The earlier you start, the more evidence can still be secured and the stronger your position.
As long as the proceedings have not started, the key step is securing: wills, bank statements, gift and transfer contracts and any indications of the deceased’s state of health. Do not distribute anything and do not close accounts.
An early assessment clarifies your role and the deadlines before pressure builds.
An unconditional declaration of acceptance means liability with your own assets. While the extent and debts of the estate are unclear, an estate inventory should be considered, limiting liability to the value of the estate.
Where heirs are in dispute, a clear strategy secures the position for the later division.
Anyone who was passed over often has a claim to the compulsory portion. Lifetime gifts can raise it through the crediting of gifts. The claim becomes time-barred in three years, so it should be examined early.
A first assessment clarifies the amount and secures the negotiating position.
In Austria the estate is not distributed by itself. The district court opens probate proceedings and usually appoints a notary as court commissioner. The notary invites the possible heirs to record the death, surveys the assets and receives the declarations.
Until the devolution of the estate, no one may dispose of the estate on their own authority. Anyone who empties accounts or takes objects creates exactly the conflicts that make an inheritance dispute expensive later. It is wiser to secure and document assets rather than to distribute them.
Contrary to a common fear, there is no short period within which an inheritance must be accepted or renounced. The court commissioner sets a reasonable period for the declaration of acceptance, which can be extended while matters are still being examined.
The compulsory portion claim has its own significance. The claim to the compulsory portion becomes time-barred three years after knowledge of the debtor and of the facts giving rise to the claim, at the latest after thirty years. Anyone who was passed over should keep the deadline in view and not wait for the proceedings to end.
Evidence disappears quickly when a flat is cleared or an account is closed. So secure early: wills and drafts, bank statements from recent years, gift and transfer contracts, land register extracts and any correspondence that shows the intentions and state of health of the deceased.
Documents on lifetime gifts are particularly valuable. They are often decisive for the crediting of gifts and thus for the amount of the compulsory portion. Indications of the mental state when a will was drawn up should also be secured, because they can support a later challenge.
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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+43 662 6280000