In the event of any death, the courts in Austria automatically initiate probate proceedings. The aim of these is to conclude all pecuniary (i.e. relating to the fortune) matters and to correctly hand over the assets to the designated heirs. The law appoints Notaries as the conductors of probate proceedings for the courts. This is one of the most important and most frequent tasks of a notary, as the law dictates probate proceedings even in cases where no fortune exists.
In their role as court commissioners, the notary assists the affected parties independently and impartially with the conclusion of the proceedings and informs everybody of their rights and responsibilities.
The notary accompanies you from the initial consultation (recording of the death) all the way to the conclusion of the proceedings. With their legal expertise they will support you settling the inheritance as well as after the proceedings have been concluded, for example with registering your new ownership in the land register or commercial register.
Tasks of a notary
Pre-proceedings / record of death
Here all personal and pecuniary details are recorded, so the notary can determine the extent of the deceased’s fortune at the point of death. If no fortune exists, the fortune is smaller than EUR 5.000 or if the estate is in debt, a shortened version of the probate proceedings will apply.