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Certificate Of Heirship for Austria

Certificate Of Heirship Template for Austria

The Certificate of Heirship (Einantwortungsurkunde) is an official document issued by Austrian probate courts that formally transfers the deceased person's estate to their legal heirs. It serves as the definitive proof of inheritance rights under Austrian law and is essential for heirs to take possession of and manage inherited assets. The document contains detailed information about the deceased, the legal basis of inheritance, identified heirs and their respective shares, and the court's formal determination. This certificate is a crucial document in Austrian inheritance proceedings and is recognized throughout the European Union under the EU Succession Regulation.

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What is a Certificate Of Heirship?

The Certificate of Heirship (Einantwortungsurkunde) is a fundamental document in Austrian inheritance law, issued at the conclusion of probate proceedings by the competent district court. This document is required whenever a person dies leaving assets in Austria, as it formally transfers ownership of the deceased's estate to the rightful heirs. The certificate contains essential information including the deceased's details, the legal basis of inheritance (whether through testament or legal succession), the identified heirs and their respective shares, and the court's official determination. It serves multiple purposes: it enables heirs to prove their inheritance rights, allows them to take control of inherited assets, and provides legal certainty for third parties dealing with the estate. The document is particularly important for handling bank accounts, real estate transfers, and other significant assets, and is recognized throughout the EU under succession regulations.

What sections should be included in a Certificate Of Heirship?

1. Court Information Header: Identification of the issuing court, case number, and date of issuance

2. Deceased Person's Information: Full details of the deceased including full name, last residence, date and place of death, and death certificate reference

3. Basis of Inheritance: Statement of the legal basis for inheritance (testament, law, inheritance contract) and reference to relevant documents

4. Declaration of Heirs: Identification of all legal heirs, their relationships to the deceased, and their respective inheritance shares

5. Estate Description: Brief description of the estate's total value and main components as determined in the inheritance proceedings

6. Court's Determination: Official statement transferring the estate to the listed heirs according to their specified shares

7. Official Certification: Signatures of authorized court officials, court seal, and certification of the document's legal validity

What sections are optional to include in a Certificate Of Heirship?

1. Conditional Inheritances: Required when there are conditions attached to the inheritance as specified in the testament

2. Executor Statement: Included when an executor was appointed to manage the estate

3. International Jurisdiction Statement: Required in cases involving cross-border inheritance matters under EU Succession Regulation

4. Reserved Portions: Included when there are statutory forced heirship claims (Pflichtteil) to be acknowledged

5. Special Bequests: Required when specific legacies or bequests were made in the testament

What schedules should be included in a Certificate Of Heirship?

1. Inventory of Estate: Detailed listing of all assets and liabilities of the estate (if required due to estate size or complexity)

2. Testament Copy: Certified copy of the last will and testament or inheritance contract

3. Death Certificate: Certified copy of the death certificate

4. Heir Declarations: Copies of unconditional declarations of acceptance of inheritance from all heirs

5. Property Certificates: Land register excerpts or other property ownership documents if real estate is involved

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

Legal Services

Banking and Financial Services

Real Estate

Public Administration

Notarial Services

Estate Management

Wealth Management

Property Administration

Relevant Teams

Legal

Wealth Management

Estate Administration

Compliance

Private Client Services

Property Administration

Corporate Services

Document Management

Risk Management

Relevant Roles

Probate Judge

Court Commissioner

Notary Public

Estate Attorney

Wealth Manager

Bank Manager

Property Manager

Legal Counsel

Estate Administrator

Inheritance Law Specialist

Real Estate Administrator

Trust Officer

Compliance Officer

Private Client Advisor

Industries






Teams

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