Inheritance, Probate & Wills · Austria
Inheritance, Probate & Wills lawyers in Austria
Planning a will, administering an estate or facing a forced heirship claim requires a lawyer who knows Austrian inheritance law. We match you with a vetted Rechtsanwalt who handles inheritance, probate and wills across Austria, including Vienna, Graz and Linz.
- Free, no-obligation matching with specialised lawyers
- Vetted Austrian Rechtsanwälte with probate experience
- Support in German and English for cross-border estates
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Inheritance law in Austria, explained
When you face an inheritance, probate or wills matter in Austria, the rules are not always intuitive. Austria follows the continental civil-law tradition, with succession governed mainly by the General Civil Code (ABGB) and probate handled by the district courts. Our matching service connects you with Inheritance, Probate & Wills lawyers in Austria who understand Austrian forced heirship rules, the absence of inheritance tax, and the formalities for transferring real property. Whether you are drafting a will, administering an estate, or defending a Pflichtteil claim, a specialised Austrian Rechtsanwalt can explain your legal position and represent you before the courts. From Vienna to Bregenz, our network covers all nine Länder. We match you with a vetted lawyer within 24–48 hours, free of charge.
Austria-specific guidance
How inheritance, probate and wills work in Austria
Austrian succession law combines general civil-law principles with specific rules on forced heirship, court jurisdiction and property transfer. Below you will find the key practical points to understand before instructing a lawyer.
Probate jurisdiction of Austrian district courts
In Austria, district courts (Bezirksgerichte) hear probate cases within the four-tier ordinary court system. For civil disputes above €5,000 in value before a district court, and in all matters before regional and higher courts, representation by a lawyer is mandatory. A registered Rechtsanwalt may appear before all Austrian courts and authorities.
Forced heirship protects descendants and spouses
Austrian succession law limits testamentary freedom through the Pflichtteil (compulsory portion). Descendants and the surviving spouse or registered partner are entitled to half of their statutory share, regardless of the will. Since the 2017 reform, parents are no longer entitled to a compulsory portion. The claim is generally monetary and may be deferred by court order for up to five or even ten years.
No inheritance or gift tax since 2008
Austria abolished inheritance tax and gift tax from 1 August 2008, so inheritances and gifts are no longer taxed at federal level. However, transfers of real property still trigger the real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee. Larger lifetime gifts may be subject to a reporting obligation.
Real property transfers and the Land Register
Ownership of real property in Austria is acquired only by entry (Einverleibung) in the Land Register (Grundbuch), not merely by signing a contract and paying the price. The written declaration of conveyance must bear notarised or court-certified signatures. The priority of recorded rights is determined by the time the application reaches the land-registry court.
Registered Austrian lawyers (Rechtsanwälte)
To practise as a lawyer in Austria, entry in the list of lawyers of the regional Bar association is compulsory. The path requires a four-year Austrian law degree, five years of practical training, 42 half-days of mandatory training, and passing the bar examination. Professional liability insurance is mandatory and the title Rechtsanwalt is protected by law.
All country-specific information is drawn from official Austrian sources (RIS, OERAK, BMJ, BMF, oesterreich.gv.at) and the European e-Justice portal, as of the publication date of this page.
- European e-Justice: National justice systems – Austria
- RIS: Rechtsanwaltsordnung (RAO)
- BMJ: Pflichtteilsrecht
- BMF: Erbschaftssteuer and Schenkungssteuer abolition
- oesterreich.gv.at: Grundstückskauf und Grundbuch
- RIS: ZPO section 27 – Anwaltspflicht
- RIS: ABGB limitation periods
- RIS: Arbeitsverfassungsgesetz section 105
- RIS: Ehegesetz sections 55a and 57
Common challenges
Inheritance and probate problems in Austria
Austrian succession law has specific rules that can surprise foreign and domestic clients alike. Here are three situations where a specialist lawyer is essential.
Uncertainty about forced heirship
Austrian law protects descendants and spouses with a compulsory portion, so you may face unexpected claims. A specialist lawyer can explain your rights and help you plan or defend a Pflichtteil claim.
Cross-border estate complications
If assets or heirs are in multiple countries, Austrian probate and land-register rules interact with foreign laws. We match you with a lawyer experienced in international succession.
Probate court procedures
District courts handle probate in Austria, and formalities can be unfamiliar. A local lawyer can guide you through the process and represent you if disputes arise.
Why use our service
How we help you find the right lawyer
Our matching platform is designed around the needs of clients with Austrian inheritance matters.
Vetted Austrian Rechtsanwälte
Every lawyer in our network is a registered Austrian Rechtsanwalt, admitted to a regional Bar and bound by professional rules and liability insurance.
Free, fast matching
Tell us your matter and receive profiles of suitable inheritance, probate and wills lawyers within 24–48 hours, at no cost to you.
Local knowledge, national coverage
We cover all nine Austrian Länder, including Vienna, Graz, Linz, Salzburg and Innsbruck, so you can find a lawyer near you.
Clear fee information
Before you instruct a lawyer, you can discuss fees under the Austrian Lawyers’ Tariff Act or an agreed hourly rate, and explore legal aid if eligible.
Other countries
Find inheritance lawyers across Europe
If your estate or family interests cross borders, you can search for specialised lawyers in these European countries.
Questions and answers
Frequently asked questions about Austrian inheritance law
How can Inheritance, Probate & Wills lawyers in Austria help me?
They advise on drafting wills, estate planning, probate proceedings before district courts, forced heirship claims, and cross-border estates. We match you with a vetted Austrian Rechtsanwalt who can explain Austrian succession law and represent you in court or before authorities.
What is forced heirship (Pflichtteil) in Austria?
Under Austrian law, descendants and the surviving spouse or registered partner are entitled to half their statutory share even if a will says otherwise. Since the 2017 reform, parents no longer have a compulsory portion. The claim is generally monetary and can be deferred by court order for up to five or ten years.
Is there inheritance tax in Austria?
No. Austria abolished inheritance and gift tax with effect from 1 August 2008. Inheritances and gifts are no longer taxed at federal level. However, transfers of real property still trigger real-property transfer tax and a land-register entry fee, and larger lifetime gifts may be subject to reporting obligations.
Can a foreigner inherit property in Austria?
Austrian inheritance law applies to estates with connections to Austria, and foreign beneficiaries may need to deal with Austrian probate and land register requirements. We match you with an Austrian lawyer experienced in cross-border succession who can coordinate with notaries and courts.
When is lawyer representation mandatory in Austrian civil disputes?
In civil litigation, representation by a lawyer is mandatory before regional courts and higher courts, and before district courts when the value in dispute exceeds €5,000. Below that threshold, parties can appear in person. A Rechtsanwalt is entitled to appear before all Austrian courts and authorities.
How much does it cost to get matched?
Our matching service is free. You only pay the lawyer you choose according to the fee arrangement agreed, which may be based on the Lawyers’ Tariff Act, hourly rates, or a freely agreed fee. Legal aid may be available if you meet the financial criteria.
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