An Affidavit Of Surviving Spouse is a crucial legal document required in Austrian inheritance proceedings when one spouse has passed away. This document is typically needed when dealing with property transfers, insurance claims, pension benefits, or other administrative procedures requiring proof of surviving spouse status. The affidavit must comply with Austrian civil law requirements and includes sworn statements about the marriage's validity, the spouse's death, and the declarant's legal status as surviving spouse. It serves as official evidence in various legal and administrative proceedings and must be properly notarized to be legally valid. The document is particularly important in cases involving property transfers or claims to inheritance rights under Austrian law.
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1. Declaration Header: Formal introduction stating this is an affidavit, date, and location of execution
2. Declarant Information: Full legal name, address, and identification details of the surviving spouse
3. Deceased Spouse Information: Full details of the deceased spouse including date and place of death
4. Marriage Declaration: Statement confirming valid marriage at time of death, including marriage date and location
5. Death Verification: Declaration confirming spouse's death and circumstances
6. Inheritance Rights Declaration: Statement regarding legal status as surviving spouse and inheritance rights under Austrian law
7. Asset Declaration: General statement about community property and separate property if applicable
8. Verification Statement: Formal declaration of truth and accuracy under penalty of perjury
9. Signature Block: Space for declarant's signature, date, and notary authentication
1. Children Declaration: Statement about existence of children from the marriage, used when there are surviving children who may have inheritance rights
2. Previous Marriages: Information about any previous marriages of either spouse, included when relevant to inheritance rights
3. Prenuptial Agreement Reference: Details of any prenuptial agreement that affects inheritance, included when such agreement exists
4. Property Listing: Detailed list of specific properties or assets, included when required for property transfer purposes
5. Witness Statement: Additional witness verification, included when required by specific circumstances or local authorities
1. Death Certificate: Certified copy of the deceased spouse's death certificate
2. Marriage Certificate: Certified copy of the marriage certificate
3. Identification Documents: Copies of declarant's identification documents
4. Property Documents: Relevant property titles or documentation if specific properties are being transferred
5. Prenuptial Agreement: Copy of prenuptial agreement if referenced in the affidavit
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