Wills & Succession · Austria
Find wills lawyers in Austria for probate, Pflichtteil and estate planning
Writing a will in Austria, opening a probate file or answering a compulsory-portion claim all turn on the same rules and the same courts. We match you with wills lawyers in Austria whose practice covers your situation, free of charge and with no obligation to instruct.
- Wills, probate and the compulsory portion (Pflichtteil)
- Specialists across all nine Austrian federal provinces
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Wills and succession · Austria
What we help you sort out
An Austrian will is only the starting point. Whether you are writing your first testament, tracing heirs across borders or answering a compulsory-portion claim, the practical questions are the same: which court is competent, which assets fall into the estate, and what the law allows you to give away. Wills lawyers in Austria work with the General Civil Code (ABGB), the framework that has governed succession since 1811, and with the district courts that handle probate. Because of forced heirship, a will can be perfectly valid and still leave descendants or a spouse with a monetary claim against the estate. We match you with a specialist who handles your situation — free of charge, with no obligation to instruct.
Austria in practice
How succession and probate work in Austria
Austria is a civil-law jurisdiction: succession is codified in the General Civil Code (ABGB) of 1811, and probate files are opened at first instance by the district courts (Bezirksgerichte). Testamentary freedom is real but bounded by the compulsory portion, and ownership of land passes only on entry in the Land Register. The points below set out the framework your case will sit in.
Who is entitled to act for you
Practising as a Rechtsanwalt requires entry in the list of lawyers kept by a regional Bar association (Rechtsanwaltskammer), so membership is compulsory. The route takes an Austrian law degree of at least 240 ECTS, five years of practical training — at least five months at a court or prosecutor’s office and three years with a lawyer — a bar examination, 42 half-days of training and mandatory liability insurance.
Where probate files and disputes are heard
Succession matters start before the district courts (Bezirksgerichte), one of the four tiers of ordinary courts alongside 20 regional courts, four higher regional courts and the Supreme Court (OGH) in Vienna. Where civil litigation becomes necessary, a lawyer is compulsory before the regional and higher courts and before a district court where the value in dispute exceeds €5,000.
Testamentary freedom and the Pflichtteil
The compulsory portion entitles descendants and the surviving spouse or registered partner to half of their statutory share, whatever the will provides. Since the 2017 inheritance-law reform, parents are no longer among those entitled. The claim is generally a monetary one against the estate and can be deferred by court order for up to five or even ten years.
Tax: no inheritance or gift tax since 2008
Austria abolished inheritance tax and gift tax with effect from 1 August 2008, after the Constitutional Court struck down the core provisions of the Inheritance and Gift Tax Act. There is therefore no federal tax on the inheritance itself. Transfers of real property still trigger real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee, and larger lifetime gifts may carry a reporting obligation.
Real property passes through the Grundbuch
Ownership of land is acquired only by entry (Einverleibung) in the Land Register, not by signing the contract and paying the price. The sale contract is in principle form-free and no notarial deed is required, but the written declaration of conveyance (Aufsandungserklärung) must bear notarised or court-certified signatures, and priority follows the moment the application reaches the land-registry court.
Costs, fees and legal aid
Court fees under the Court Fees Act are normally payable when a claim is filed and follow a staggered percentage of the value in dispute; the losing party generally bears them and reimburses the winner’s costs. Lawyers’ fees follow the RATG and AHK, though hourly or success fees may be agreed in writing. Verfahrenshilfe can cover fees and provide a lawyer free of charge where representation is compulsory.
The country information on this page is taken from official Austrian sources (RIS, Bundesministerium für Justiz, BMF, oesterreich.gv.at, Justiz), the Austrian Bar umbrella body ÖRAK and the European e-Justice Portal, as published at the time of writing.
- European e-Justice Portal — National justice systems: Austria
- Österreichischer Rechtsanwaltskammertag (ÖRAK) — structures, data and facts
- Rechtsanwaltsordnung (RAO) — Austrian Legal Information System (RIS)
- ABGB § 1478 — general limitation period (RIS)
- ABGB § 1489 — damages claims (RIS)
- ABGB § 1480 and § 1486 — recurring payments and trade receivables (RIS)
- Employment dismissal challenge, § 105 (RIS)
- Ehegesetz § 55a and § 57 — divorce periods and filing deadline (RIS)
- Bundesministerium für Justiz — Pflichtteilsrecht
- BMF Findok — abolition of inheritance and gift tax from 1 August 2008
- oesterreich.gv.at — property purchase and the Land Register
- oesterreich.gv.at — organisation of the courts
- Justiz — Verfahrenshilfe (legal aid)
- ZPO § 27 — mandatory representation by a lawyer (RIS)
Typical situations
Why succession in Austria catches people out
From the outside, an estate looks like a formal exercise. In practice it turns on compulsory shares, court competence and registration formalities.
A will that does not stop the Pflichtteil
You can draft a clear, properly witnessed will and still find that descendants or your spouse are entitled to half their statutory share. Since 2017 parents are no longer among those entitled, but the claim usually reaches the estate as money.
Formalities around property you did not expect
Probate is opened at first instance by the district courts, and land only changes hands on entry in the Land Register. Signatures on the declaration of conveyance must be notarised or court-certified, and priority follows the arrival of the application.
Deadlines that quietly expire
Austrian limitation periods run from 30 years for general contractual claims down to 3 years for damages, rent and trade receivables, 2 weeks for a dismissal challenge and 6 months in divorce matters. Which one applies to your file is rarely obvious.
Why use the platform
A calmer way to find the right adviser
You describe the situation once; we identify the practices that actually deal with it.
Bar-regulated lawyers only
Every lawyer we introduce is entered in the list of lawyers of an Austrian regional Bar association (Rechtsanwaltskammer), which is compulsory in order to practise, and carries mandatory professional liability insurance and the protected title of Rechtsanwalt.
Coverage across the whole country
Vienna, Graz, Linz, Salzburg, Innsbruck, Klagenfurt, Villach, Wels, St. Pölten, Bregenz, Eisenstadt and Dornbirn all fall within our network, and an Austrian Rechtsanwalt may appear before any court or authority in the country.
Built for cross-border estates
Separation of property is the default matrimonial regime in Austria (section 1233 ABGB), so only jointly acquired assets are shared. Where heirs, land or accounts sit in another country, we look for practices that work on international succession.
You decide after the first conversation
Matching is free and creates no obligation. You explain what happened, we identify practices covering wills, probate and compulsory portions, and you choose whether to instruct any of them.
Cross-border
Succession and wills in other European countries
If family, property or a business sits outside Austria, you may need advisers in more than one jurisdiction. These are the countries our network covers most often.
Questions and answers
FAQs about wills lawyers in Austria
Do I need wills lawyers in Austria to open or defend an estate?
Not always. Probate files are handled at first instance by the district courts (Bezirksgerichte). Where civil litigation becomes necessary, however, representation by a lawyer is compulsory before the regional courts and all higher courts, and before a district court where the value in dispute exceeds €5,000 (section 27 ZPO).
What is the Pflichtteil and who is entitled to it?
The compulsory portion gives descendants and the surviving spouse or registered partner half of their statutory share, regardless of what the will says. Since the 2017 inheritance-law reform, parents are no longer entitled. It is generally a monetary claim against the estate and can be deferred by court order for up to five or even ten years.
Is there inheritance or gift tax in Austria?
No. Austria abolished inheritance tax and gift tax with effect from 1 August 2008, after the Constitutional Court struck down the core provisions of the Inheritance and Gift Tax Act. Transfers of real property still trigger real-property transfer tax (Grunderwerbsteuer) and a land-register entry fee, and larger lifetime gifts may carry a reporting obligation.
When does ownership of inherited property actually pass?
Ownership of land in Austria is acquired only by entry (Einverleibung) in the Land Register, not by signing a contract and paying the price. The declaration of conveyance must bear notarised or court-certified signatures, and priority of recorded rights follows the moment the application reaches the land-registry court.
How much does it cost to work with a wills lawyer in Austria?
Court fees are normally payable when a claim is filed and follow a staggered percentage of the value in dispute; the losing party generally bears them and reimburses the winner’s costs. Lawyers’ fees follow the RATG and AHK, although hourly or success fees may be agreed in writing. Verfahrenshilfe can cover fees and provide a lawyer free of charge where representation is compulsory.
Can you help if the heirs or the property are outside Austria?
Yes. An Austrian Rechtsanwalt is entitled to appear before all courts and authorities in the country, and succession here is governed by the ABGB. Because separation of property is the default matrimonial regime (section 1233 ABGB), only jointly acquired assets are shared, which often matters when tracing assets across borders.
Next step
Start with a free, no-obligation match
Tell us whether you are drafting a will, dealing with an estate, answering a Pflichtteil claim or tracing property abroad. We identify practices in Austria that work on succession and put you in touch — the choice of whom to instruct always stays with you.