Inheritance after a death in Austria
When someone dies in Austria, the EU Succession Regulation decides which court handles the estate and which law applies: as a rule, that of the state where the deceased last had their habitual residence — not their nationality or the place of death — unless they chose the law of their nationality in a will.
Describe your caseQuick answers
- Is the estate always handled in Austria because the death happened there?
- No. What matters is the last habitual residence of the deceased, not the place of death. A death abroad during a trip does not move the estate there.
- Can a non-EU citizen choose their own country's law?
- Yes. Under the Regulation anyone may choose the law of their nationality in a will, which then governs the whole succession.
- Can I refuse an inheritance with debts?
- Yes, heirs can generally refuse an inheritance, but deadlines and form differ by country. Act quickly and ask a lawyer before taking over any assets.
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Legal Context
Under Regulation (EU) No 650/2012 the courts of the member state where the deceased had their habitual residence at death have jurisdiction over the whole estate, and the same law governs the succession as a whole. Anyone, including a citizen of a non-EU country, may choose the law of their nationality in a will. Heirs can prove their status across the participating member states with a European Certificate of Succession. Denmark and Ireland do not apply the Regulation.
When to Contact a Lawyer
A lawyer helps establish which court and which law govern the estate, deadlines to accept or refuse the inheritance, and how to transfer property or bank accounts in Austria, especially when assets are in several countries.
Documents to Prepare
- Death certificate
- Evidence of the deceased's last habitual residence
- Will, if any
- Evidence of your relationship to the deceased
- Overview of assets and debts in each country