To manage an inheritance in Austria, whether the heirs are in Spain or the inheritance in Spain involves beneficiaries in Austria, it is essential to identify the applicable law under EU Regulation 650/2012, gather all required documents such as certificates, apostilles, and sworn translations, determine the competent notary, fulfill tax obligations in each jurisdiction, and formalize the transfer of assets. In Austria, inheritance follows the principle of statutory succession, which guarantees a mandatory share (Pflichtteil) for close relatives, including children and spouses. If there is no will, the estate is distributed according to kinship, following a defined order of priority among heirs. Although Austria abolished inheritance tax in 2008, a real estate transfer tax may still apply when property is inherited. Below you’ll find step-by-step guidance, a table of required documents, and FAQs to help you understand how to manage an inheritance in Austria efficiently and securely.
If you are wondering, “How do I manage an inheritance in Austria?”, follow these steps and check the quick reference table below.
Table of Contents📋
Steps ⚖️
Applicable law and will:
Consider the deceased’s habitual residence and EU Regulation 650/2012. Check the type of will (notarial, private, or holographic).
Documentation:
Certificates (death certificate, certificate of last wills), inventory, apostilles, and sworn translations depending on the country.
Notary and representation:
Competent notary in Austria; powers of attorney if handled remotely.
Tax obligations:
No inheritance tax in Austria, but account for taxes in Spain or other countries if assets exist there.
Transfer and registration:
Prepare the acceptance/partition deed and register in Austrian and foreign registries.
Documents and Deadlines 📑
| Document | Issued by | Location | Apostille/Translation? | Estimated time | Approx. cost |
|---|---|---|---|---|---|
| Death certificate | Civil Registry | Country of death | Yes, if foreign | 3–10 days | €10–30 |
| Certificate of last wills / will | Austrian registry / Notary | Austria | Apostille + translation if needed | 3–15 days | €20–60 |
| Inventory of assets | Relevant entities / registries | Each country | Depending on document | 1–4 weeks | — |
| Hague Apostille | Competent authority | Issuing country | — | 1–10 days | €20–60 |
| Sworn translation | Certified translator | — | — | 2–7 days | €0.08–0.15/word |
| Acceptance/partition deed | Notary | Austria / abroad | According to annexes | 1–3 weeks | €300–1,200 |
Taxes 💰
- Austria: no inheritance tax.
- Spain: ISD depending on the autonomous community.
- Other countries: local inheritance tax depending on the deceased’s and heirs’ residence.
- Double taxation: check treaties and exemptions.
Useful sources:
Austrian Ministry of Justice, AEAT, EU Regulation 650/2012.
Transfer and Registration 🏠
- Deed of acceptance/partition including inventory and asset allocation.
- Registration in Austrian and foreign registries.
- Remote representation: powers of attorney and legalizations if necessary
Frequently Asked Questions ❓
How to manage an inheritance in Austria if the deceased lived there?
To manage an inheritance in Austria, follow the procedure before the local Bezirksgericht, submit the will and required certificates, and comply with EU Regulation 650/2012. If there is no will, Austrian intestate succession law applies. Wills can be notarial, private, or holographic, each with distinct legal requirements for validity.
How to manage an inheritance in Austria from abroad?
To manage an inheritance in Austria from abroad, grant a recognized international power of attorney and appoint a specialized lawyer or law firm to act on your behalf. Your representative will submit the will and necessary certificates, ensuring compliance with Austrian inheritance law, including notarial, private, or holographic wills, and handle all legal and procedural requirements efficiently.
What documents are required to manage an inheritance in Austria?
You will need the death certificate, certificate of last wills, the will (notarial, private, or holographic), a detailed inventory of assets, as well as apostilles and certified translations to ensure full compliance with Austrian inheritance procedures.
Where are taxes paid if inherited assets are in Austria and Spain?
Taxes must be settled in both Austria and Spain, depending on the location of the assets and the residence of the heirs. Apply double taxation agreements to avoid paying tax twice and ensure compliance with international inheritance law.
Can I manage an inheritance in Austria without traveling there?
Yes, you can handle the inheritance remotely using international powers of attorney and appointing a specialized inheritance lawyer. For guidance on legal procedures or documentation, you may also consult the Austrian embassy in your country.
Conclusion 🎬
For complex international inheritances, including in Austria, the safest way to proceed is by seeking professional guidance. Grupo Hereda, with over 25 years of experience, specializes in managing cross-border successions, ensuring proper handling of all documentation, tax obligations, and asset registration. Benefit from a free consultation and expert step-by-step support throughout the entire process.
Legal References📚
- EU Regulation 650/2012 on Cross-Border Inheritance
This regulation sets the rules for determining applicable law, competent jurisdiction, and the issuance of the European Certificate of Succession in cross-border EU inheritance cases. - Austrian Civil Code (ABGB) – Inheritance Law
The Austrian Civil Code regulates succession, including intestate succession and testamentary inheritance. - Intestate Succession in Austria
If a person dies without a will, intestate succession applies according to the order of kinship established by law. - Inheritance Tax in Austria
Austria abolished inheritance tax in 2008. However, real estate acquisitions through inheritance may still be subject to property transfer tax. - Real Estate Transfer Tax (Grunderwerbsteuer)
This tax applies to acquiring real estate in Austria, including inherited property. Rates depend on the property value and the relationship between the heir and the deceased. - Types of Wills in Austria: Notarial, Private, and Holographic
Wills in Austria can be notarial, private, or holographic. Each type has specific formal and validity requirements that must be observed. - European e-Justice Portal – Succession in Austria
Official information on how to settle an estate under Austrian law, including asset distribution and probate procedures. - Practical Guide to Inheritance in Austria
A practical guide covering wills, heirs, and the inheritance process in Austria.
Grupo Hereda
Grupo Hereda is a law firm specialized in international and national inheritances, with over 25 years of experience handling complex succession cases.
We assist with inheritances in Austria involving heirs in Spain, as well as inheritances in Spain with beneficiaries residing in Austria or other countries.
Our legal team coordinates every phase of the process from obtaining certificates and apostilles to settling taxes and registering assets in the relevant Austrian and Spanish registries.
If you’re unsure how to manage an inheritance in Austria, Grupo Hereda guides you step by step, offering comprehensive legal advice and remote representation. We also manage all types of international and national inheritances, ensuring legal security and time efficiency.
💬 Free Consultation:
If you are facing a complex inheritance or don’t know where to start, don’t give up your rights.
Contact us, and we will find a personalized solution for your case.
📞 Call us: (+34) 915 487 550
📧 Email: info@grupohereda.com
🌍 We operate throughout Spain and handle international inheritances across Europe and beyond the EU.
