Erbschein beantragen

• Official photo ID, such as identity card or passport
• Death certificate of the deceased person, i.e. the testator
• Documents to document the status as legal heir, for example:
  • family register
  • marriage certificates of the deceased
  • Birth certificates of the testator's children and grandchildren
  • adoption documents
  • Divorce decrees with a note of legal force
• Information on whether there is a lawsuit regarding your inheritance rights
• Evidence why certain persons who would actually be (co-)heirs are not heirs, for example:
  • death certificates
  • declarations of renunciation of inheritance
  • declarations of renunciation of inheritance
• If available, wills or inheritance contracts or at least the information about them, for example in the case of special official custody
• for married couples: if applicable, proof of marital property status
• in the case of registered civil partnerships: proof of assets if applicable

• The amount of the fees depends on the value of the estate after deducting the debts of the testator.
• The issuance of a certificate of sole heir by the probate court, for example, costs
  • for an estate value of EUR 30,000 EUR 125.00,
  • for an estate value of EUR 100,000 EUR 273.00 and
  • for an estate value of EUR 500,000 EUR 935.00.
• In addition, you will have to pay fees of the same amount for the notarization of an affidavit at the probate court or a notary public. In addition, there may be clerical expenses and sales tax.
• Applicants residing abroad are required to pay an advance payment.

• Apply there for a certificate of inheritance.
• To do so, use the online service. You can request an appointment to apply for a certificate of inheritance at the probate court responsible for your area.
• Alternatively, you can also use the form provided.
• Attach all necessary documents to your letter.
• You can also submit the application through an authorized person, such as a notary public or a lawyer, or have it recorded in court.
• The district court will contact you to arrange an appointment.
• At the hearing before the district court or a notary public, make a sworn statement in person. This affirms that you are not aware of anything that contradicts the accuracy of the information you have provided in your application for a certificate of inheritance.
  • This is not necessary if the district court waives it.
  • If a notary certifies the declaration under oath, this person can simultaneously certify the application for a certificate of inheritance.
• The local court checks your eligibility and issues the certificate of inheritance.

To prove your status as an heir under intestate succession (if there is no will or inheritance contract), you must submit various documents. This involves documenting all inheritance-relevant events in your family related to the testator. These can include marriage, divorce, births of children, deaths, renunciations of inheritance, and similar events. If you are unsure which documents you need to submit, you can inquire at the responsible probate court.

Apply for local jurisdiction / certificate of inheritance:
The court (probate court) in whose district the testator had his or her last habitual residence is generally responsible for applying for a certificate of inheritance (more accurately: accepting the affidavit in the application for a certificate of inheritance). The application for a certificate of inheritance can also be submitted to the court of the heir's place of residence or through a notary (not a lawyer).

Please note:
The probate court does not provide legal advice. Please contact a lawyer or notary of your choice for advice.
The Public Legal Information Service (ÖRA) offers affordable legal advice for people with low incomes.

• Apply for a certificate of inheritance
• Issuance of inheritance certificate
• An heir can apply for a certificate of inheritance from the probate court.
• A certificate of inheritance is an official certificate issued by the probate court that provides information about the inheritance rights of a specific person.
• Someone can be designated as an heir based on legal succession or on the basis of a will or inheritance contract.