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Affidavit Of Inheritance for Austria

Affidavit Of Inheritance Template for Austria

An Affidavit of Inheritance (Einantwortungsurkunde) is a formal legal document used in Austrian inheritance proceedings that officially confirms the transfer of inheritance rights from a deceased person to their heirs. This document, governed by Austrian civil law and specifically regulated under the Austrian Civil Code (ABGB) and Non-Contentious Proceedings Act (AußStrG), serves as the official certification of inheritance rights and is required for heirs to take possession of their inherited assets. It contains detailed information about the deceased, the estate composition, and the legal basis for inheritance, while also documenting the rights and obligations of all involved parties.

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What is a Affidavit Of Inheritance?

The Affidavit of Inheritance (Einantwortungsurkunde) is a crucial document in Austrian probate proceedings, required whenever there is a need to formally transfer inheritance rights following a person's death. This document is mandated by Austrian law and must be obtained through proper legal channels before heirs can take possession of their inherited assets. It includes comprehensive details about the deceased person, their estate, all legitimate heirs, and the legal basis for inheritance. The document serves multiple purposes: it acts as official proof of inheritance rights, enables heirs to access and manage inherited assets, and provides legal protection for third parties dealing with the estate. The affidavit must comply with strict legal requirements under Austrian civil law and is typically processed through the local district court (Bezirksgericht) responsible for probate matters.

What sections should be included in a Affidavit Of Inheritance?

1. Declaration Header: Formal opening stating the document type, date, and court details

2. Declarant Information: Full details of the person making the affidavit, including legal capacity

3. Deceased Person Details: Complete information about the deceased, including full name, last residence, date and place of death

4. Legal Basis of Inheritance: Statement of the basis for inheritance (will, statutory succession, etc.)

5. Estate Description: Comprehensive list of assets and liabilities comprising the estate

6. Heir Identification: Details of all heirs, their relationships to the deceased, and their inheritance shares

7. Verification of Claims: Confirmation that all claims and debts of the estate have been addressed

8. Oath Statement: Formal declaration of truth and completeness of the information provided

9. Signature Block: Space for signatures, notarization, and official seals

What sections are optional to include in a Affidavit Of Inheritance?

1. Foreign Asset Declaration: Required when the estate includes assets located outside Austria

2. Will Summary: Included when inheritance is based on a will, summarizing its key provisions

3. Renunciation Statements: Required when any potential heirs have renounced their inheritance rights

4. Guardian Appointments: Necessary when minor heirs are involved

5. Trust Provisions: Required when the inheritance involves trust arrangements

6. Tax Declarations: Included when specific tax situations need to be addressed

7. Disputed Claims Section: Required when there are contested claims or ongoing legal proceedings

What schedules should be included in a Affidavit Of Inheritance?

1. Schedule A - Estate Inventory: Detailed listing of all assets and their valuations

2. Schedule B - Liability List: Comprehensive list of all debts and obligations of the estate

3. Schedule C - Distribution Plan: Detailed breakdown of how the estate will be distributed

4. Appendix 1 - Death Certificate: Certified copy of the death certificate

5. Appendix 2 - Will Documents: Copies of will and related testamentary documents if applicable

6. Appendix 3 - Relationship Proof: Documents proving relationship of heirs to deceased

7. Appendix 4 - Asset Documentation: Supporting documents for major assets (property deeds, account statements, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
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