Intestate Succession in Austria: Who Inherits Without a Will?

Intestate Succession in Austria

Intestate succession is generally family-based: descendants or spouses/registered partners are the primary heirs. In rare cases, a domestic partner may also inherit.

Inheritance Rights of Children in Austria

First and foremost, the law designates the deceased’s children and their descendants as statutory heirs. These are primarily the deceased’s own sons and daughters, grandchildren, and great-grandchildren, whether they are born in or out of wedlock or were adopted by the deceased. If all the children (sons and daughters) are alive, they inherit the estate per capita, that is, in equal shares.

Spousal Inheritance Rights in Austria

The spouse or registered partner of the deceased is the statutory heir to one-third of the estate when there are children of the deceased and their descendants; to two-thirds of the estate when there are parents of the deceased; and to the entire estate in all other cases.

In addition, the surviving spouse is entitled to a statutory advance bequest: Provided that the spouse or registered partner has not been lawfully disinherited, he or she has the right to continue living in the marital or domestic partnership residence and acquires the movable property belonging to the marital or domestic partnership household, to the extent that such property is necessary to maintain the previous standard of living.

What are the rules for domestic partners?

A domestic partner who lived in the same household with the deceased for at least three years prior to the deceased’s death may receive the estate as a statutory heir—but only if the deceased left behind no relatives, whether close or distant, in the first, second, third, or fourth degree—and, of course, no spouse.

Why is it so important to make arrangements early on?

Intestate succession in Austria follows clear but rigid rules—and these do not always reflect the individual wishes of the deceased. Anyone who wants to ensure that their assets are distributed according to their own wishes should take action in a timely manner. A will provides clarity.