What to Do After a Death in Austria
Austria has a mandatory probate procedure (<em>Verlassenschaftsverfahren</em>) handled by a notary as court commissioner. This English guide walks you through every step – from the first hours to the final transfer of the estate (<em>Einantwortung</em>).
The first hours
Call the family doctor or emergency number 144. The doctor issues the death certificate (Totenbeschauschein). At a hospital or care home, staff handle this automatically. The deceased can remain at home for a few hours.
Registering the death
The death must be registered with the registry office (Standesamt) within 1 working day. The funeral director usually handles this. Order 5–8 original death certificates.
Funeral arrangements
Burial must take place within 10 days. Cremation and traditional burial are both common. A basic funeral costs €3,500–6,000; an elaborate one €10,000+.
Probate procedure (Verlassenschaft)
Probate is mandatory in Austria. The district court automatically appoints a notary as court commissioner. The notary contacts heirs, records the death, prepares the inventory, and finalises the transfer (Einantwortung). The process usually takes 6–12 months.
Conditional vs unconditional acceptance
Heirs choose conditional acceptance (liability limited to estate value – recommended) or unconditional acceptance (unlimited liability with personal assets). Conditional acceptance protects you from unknown debts.
Notifications
- Austrian pension insurance (PVA)
- Health insurance (ÖGK)
- Employer
- Banks (accounts frozen until Einantwortung)
- Insurers (life, household, car)
- Landlord (1-month extraordinary termination)
- Tax office (Finanzamt)
Inheritance tax
Austria has no inheritance or gift tax since 2008. Real estate transfers trigger property transfer tax (Grunderwerbsteuer): graduated 0.5–3.5 % within families.
Häufige Fragen
- Is probate mandatory in Austria?
- Yes. Every estate goes through a court-supervised procedure, handled by a notary as court commissioner.
- How long does Austrian probate take?
- Typically 6–12 months; complex estates with foreign assets longer.
- Do unmarried partners inherit?
- No, life partners have no legal inheritance right – only a limited preference for the shared household and home. A will is essential.
- What are the notary costs?
- Notary fees follow the Austrian Notary Tariff, roughly 1–3 % of the net estate plus court fees.
- Is there inheritance tax in Austria?
- No inheritance tax since 2008. Real estate is subject to property transfer tax.
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