Aim for a division agreement.
An amicable division by contract is usually faster and cheaper than court proceedings. A clear inventory of the estate is the basis.
Focus area
Estate division and community of heirs
When several inherit together: administration, division agreement, division action and dealing with real estate in the estate.
Orientation
How do you exit the community of heirs?
Several heirs initially hold the estate jointly. Choose your situation and we will show the suitable route.
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01 Question 1
What is the situation in the community of heirs?
All paths at a glance
Overview of all answers.
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Action for division as a last resort.
If no agreement is reached, any co-heir can demand the dissolution of the community, if necessary by an action for division.
Transfer or buy out your share.
You can sell your share of the estate or leave the community against compensation. Valuing the share is the key point.
Take over against compensation.
If you want to keep the property, the other co-heirs must be compensated in value. A valuation report creates clarity.
Sale and division of proceeds.
If the property cannot be divided in kind, a sale with division of the proceeds is an option, if necessary by judicial auction.
Until division, several heirs form a community of heirs: they own and administer the estate jointly. This frequently leads to conflict, for example over the use of a property or the allocation of assets. We move the division forward.
As long as the estate is undivided, in principle no one may dispose of estate items alone. With real estate in particular, this often blocks every decision.
The community of heirs
Until division, the estate belongs to the co-heirs jointly. Acts of administration require, depending on their significance, a majority or unanimity. We clarify the rights and duties within the community and ensure workable decisions.
Routes to division
Priority goes to division by agreement through a division contract. If no agreement is reached, the division action remains.
- Division in kind: allocation of the items as they are
- Division by sale: sale and allocation of the proceeds
- Takeover by a co-heir against a compensation payment
Real estate in the estate
If a property cannot be divided in kind, it often comes down to a takeover by a co-heir against a compensation payment or to a judicial auction. We review the valuation and negotiate a solution that preserves the substance value.
This page 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.
Frequently asked questions
What clients often ask.
A co-heir is blocking everything, what can I do? +
You do not depend on the goodwill of the others. The division action allows the dissolution of the community of heirs to be enforced in court. We prepare the step and also use it as leverage for an agreement.
Can we keep the property? +
Yes, if the co-heirs agree or one takes it over and compensates the others. We draft the division contract including valuation, compensation payment and registration in the land register.
Who pays the debts of the estate? +
The co-heirs are liable for estate debts, limited or unlimited depending on the type of declaration of acceptance. The choice between conditional and unconditional acceptance is therefore important; we advise on this early.
What does a division action cost? +
That depends on the value of the estate. Often the action is above all a means of pressure that speeds up an out-of-court agreement. We weigh costs and benefits with you.
Related topics
This may also be relevant to you.
Inheritance dispute
Conflict over the estate: competing declarations of acceptance, the inheritance action and enforcing your position in probate.
Compulsory portion
A minimum share for children and spouses, even after disinheritance. Quota, gift attribution, deferral and enforcement against the heirs.
Contesting a will
Defects of form and intent, lack of testamentary capacity, unworthiness and disinheritance. When a last will can be overturned.
Inheritance dispute, an overlooked compulsory portion, a doubtful will?
In inheritance law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000