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Affidavit Of Survivorship for Austria

Affidavit Of Survivorship Template for Austria

An Affidavit of Survivorship under Austrian law is a formal sworn statement used to establish the death of a joint property owner and confirm the surviving owner's right to full ownership of the property. This legal document, which must comply with Austrian Civil Code (ABGB) requirements and be properly notarized, serves as evidence for updating property records in the Austrian Land Register (Grundbuch). It contains detailed information about the deceased owner, the surviving owner, and the subject property, along with supporting documentation such as the death certificate and property title.

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What is a Affidavit Of Survivorship?

The Affidavit of Survivorship is a crucial legal document used in Austrian property law when one joint owner of a property dies and the surviving owner needs to establish their right to full ownership. This document is particularly important in the context of the Austrian Land Register system (Grundbuch) and must comply with the Austrian Civil Code (ABGB) requirements. The affidavit includes essential information such as the identities of both the deceased and surviving owners, property details, and the nature of the joint ownership. It must be notarized and accompanied by supporting documentation, including the death certificate and property title. This document is typically required by land registry offices, banks, and other institutions to process the transfer of full ownership rights to the surviving owner.

What sections should be included in a Affidavit Of Survivorship?

1. Declaration Header: Formal opening stating this is an Affidavit of Survivorship and the date of execution

2. Declarant Information: Full legal name, address, and personal details of the surviving owner making the affidavit

3. Deceased Owner Information: Details of the deceased joint owner including full name, date of death, and last known address

4. Property Description: Detailed description of the jointly owned property, including legal description and property address

5. Ownership Statement: Declaration of how the property was held (joint tenancy) and the right of survivorship

6. Death Confirmation: Formal statement confirming the death of the joint owner and how this affects property ownership

7. Succession Statement: Declaration that by operation of law, the surviving owner is now the sole owner of the property

8. Verification: Statement verifying all information is true and correct under penalty of perjury

9. Signature Block: Space for declarant's signature, date, and notary authentication

What sections are optional to include in a Affidavit Of Survivorship?

1. Additional Properties: Section listing multiple properties if more than one property was jointly owned

2. Prior Agreements: Reference to any relevant agreements or documents affecting the joint ownership

3. Marital Status Declaration: Statement about the marital relationship between the deceased and survivor, if relevant

4. Tax Declaration: Statement regarding tax implications or obligations, if required

5. Third Party Rights: Declaration regarding any known third-party claims or interests in the property

What schedules should be included in a Affidavit Of Survivorship?

1. Death Certificate: Certified copy of the deceased owner's death certificate

2. Property Title: Copy of the property title or deed showing joint ownership

3. Land Register Extract: Current extract from the Austrian Land Register (Grundbuch)

4. Marriage Certificate: If the joint owners were married, copy of marriage certificate

5. Identity Documents: Copies of declarant's identification documents

6. Previous Agreements: Copies of any referenced agreements affecting the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Management

Public Administration

Notary Services

Insurance

Relevant Teams

Legal

Real Estate

Property Administration

Corporate Secretariat

Compliance

Risk Management

Document Management

Client Services

Relevant Roles

Real Estate Lawyer

Notary Public

Property Manager

Estate Administrator

Legal Counsel

Bank Manager

Land Registry Officer

Property Administrator

Title Officer

Estate Planning Attorney

Real Estate Agent

Mortgage Officer

Industries






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