Inheritance law · Austria
Inheritance lawyers in Austria for estates, wills and compulsory portions
You deal with Austrian succession rules, forced heirship and cross-border assets. We match you with a lawyer who handles these matters. Free and without obligation.
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Overview
How Austrian inheritance law works
If you are dealing with an estate in Austria, inheritance lawyers in Austria can guide you through a system that combines civil-law tradition with distinctive local rules. Austria applies the General Civil Code (ABGB), includes compulsory portions for close relatives, has no federal inheritance tax since 2008, and requires formal land-register entry for real property. Whether you are a beneficiary, executor, or family member, you may need help with probate, Pflichtteil claims, cross-border assets, or court representation. Our service matches you with a lawyer who handles Austrian succession matters, from interpreting a will to asserting or defending a compulsory portion. The matching is free and you are under no obligation to instruct a lawyer.
Austria-specific rules
Inheritance law in Austria: what you need to know
Austrian succession law is rooted in the General Civil Code (ABGB) and shaped by compulsory portions, the absence of inheritance tax, and a formal land register for property. Below are the key points you should discuss with a lawyer before taking any step.
Civil-law framework and the ABGB
Austria follows the continental civil-law tradition. The General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) of 1811 remains in force and governs succession, alongside the Civil Procedure Code and other statutes. Court decisions, particularly those of the Supreme Court (Oberster Gerichtshof), guide uniform interpretation, but Austria is not a common-law precedent system.
Compulsory portion (Pflichtteil)
Austrian law limits testamentary freedom through the Pflichtteil. Descendants and the surviving spouse or registered partner are entitled to half of their statutory share of the estate, regardless of what a will provides. Since the 2017 reform, parents are no longer entitled to a compulsory portion. The Pflichtteil is generally a monetary claim and can be deferred by court order for up to five or ten years.
No inheritance tax since 2008
Austria abolished inheritance tax and gift tax with effect from 1 August 2008. Inheritances and gifts are therefore 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, and larger lifetime gifts may be subject to a reporting obligation.
Real property 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 (Aufsandungserklärung) must bear notarised or court-certified signatures for the entry to be made, and the priority of recorded rights is determined by the time the application reaches the land-registry court.
Lawyer qualification and Bar membership
Practising as a lawyer (Rechtsanwalt) in Austria requires entry in the list of lawyers kept by the regional Bar association, so Bar membership is compulsory. The path includes a four-year Austrian law degree, five years of practical training, mandatory training events, and passing the bar examination. Professional liability insurance is mandatory and the title ‘Rechtsanwalt’ is protected by law.
Court structure and mandatory representation
The ordinary courts are organised in four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court. In civil litigation, representation by a lawyer is mandatory before the regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. Below that threshold parties may appear in person before the district court.
The data in this section comes from official Austrian bodies and e-Justice and is current as of the page’s publication.
- European e-Justice Portal – National justice systems: Austria
- Austrian Lawyers’ Act (Rechtsanwaltsordnung) – consolidated version
- Austrian Ministry of Justice – Legal aid (Verfahrenshilfe)
- Austrian government portal – Separation of property in marriage
- Austrian government portal – Land register and property purchase
- Austrian Federal Ministry of Justice – Compulsory portion (Pflichtteilsrecht)
- Austrian Federal Ministry of Finance – Inheritance tax abolition
- Austrian government portal – Court organisation
- Austrian Civil Procedure Code – Mandatory representation (section 27 ZPO)
Common challenges
What makes Austrian inheritance matters difficult
You are not alone if you recognise these situations.
Unclear compulsory-portion rights
You may not know whether a will can be challenged or how much a descendant or spouse is entitled to receive under Austria’s Pflichtteil rules, and getting it wrong can be costly.
Cross-border estate complexity
If assets, heirs or wills span Austria and another country, understanding which law applies and how Austrian courts coordinate with foreign proceedings can feel overwhelming without local guidance.
Mandatory representation and court deadlines
Once a dispute reaches a regional court or a higher-value district court case, you must be represented by a lawyer, and missed deadlines can affect your position in the estate.
Why use our service
A simpler way to find the right Austrian lawyer
We focus on matching, not on providing legal advice.
Vetted inheritance specialists
We match you with lawyers who focus on Austrian succession, including Pflichtteil claims, probate and real-property transfers, so you work with someone who knows the local system.
Free and no-obligation matching
Our service costs nothing. You receive a shortlist of suitable lawyers and can decide whether to instruct one; there is no pressure and no fee for the introduction.
Fast first response
Most requests are answered within 24 to 48 hours, so you can clarify your situation and understand your options without waiting weeks for a reply.
Local knowledge, clear communication
Matched lawyers explain Austrian legal requirements in plain English, helping you navigate court procedures, the Land Register and tax obligations with confidence.
Coverage
Austria and beyond
Our matching also covers key European jurisdictions for cross-border estates.
FAQ
Frequently asked questions about inheritance lawyers in Austria
What do inheritance lawyers in Austria do?
They advise on Austrian succession matters, including wills, probate, compulsory portions (Pflichtteil), and real-property transfers. They can represent you in court where representation is mandatory, help negotiate with heirs and creditors, and guide cross-border estates. We match you with a lawyer who handles these issues, not provide legal advice ourselves.
How does forced heirship (Pflichtteil) work in Austria?
Descendants and the surviving spouse or registered partner are entitled to half of their statutory share of the estate, regardless of what a will says. Since 2017, parents are no longer protected. The Pflichtteil is usually a monetary claim and can be deferred by court order for up to five or ten years.
Is there inheritance tax in Austria?
No. Austria abolished inheritance tax and gift tax with effect from 1 August 2008. Inheritances and gifts are not taxed at federal level. However, transfers of real property still trigger the real-property transfer tax and a land-register entry fee, so you should plan for those costs.
Do I need a lawyer to handle an Austrian inheritance dispute?
In civil litigation before regional courts and all higher courts, representation by a lawyer is mandatory. Before district courts, you must be represented if the value in dispute exceeds €5,000. Below that threshold you may appear in person, but a lawyer can still help you prepare.
What deadlines apply to inheritance-related claims in Austria?
Austrian law sets different limitation periods that may affect an estate. For example, general contractual debt claims have a 30-year limitation period, while damages and recurring payment claims generally have three years. Employment dismissal challenges must be filed within two weeks, and divorce-related deadlines are six months. A lawyer can identify the relevant period for your case.
How is real property inherited in Austria?
Ownership of real property passes only by entry in the Land Register (Grundbuch). The written declaration of conveyance must bear notarised or court-certified signatures. A lawyer can help prepare the required documents and coordinate with the land-registry court to ensure the entry is made correctly.
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