How do probate proceedings work in Austria – and what do they cost?

Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · As of September 2026

The procedure step by step

1. Recording of the death: The registry office reports the death to the district court, which appoints the competent notary as court commissioner. The notary ascertains, together with the relatives, the assets, debts and possible heirs (§ 145 AußStrG).
2. Register of wills: The court commissioner checks whether a will is registered and publishes any testamentary dispositions.
3. Declaration of acceptance of the inheritance: The potential heirs are asked to declare whether they accept the inheritance, conditionally or unconditionally, or disclaim it. The time limit is at least four weeks; for important reasons, a period for consideration of up to one year can be granted (§ 157 AußStrG).
4. Inventory or declaration of assets: In the case of a conditional declaration of acceptance, on application by a person entitled to a compulsory share, or for example where heirs are minors, an inventory is drawn up. Otherwise a declaration of assets (Vermögenserklärung) by the heirs is usually sufficient.
5. Vesting of the estate: The court transfers the estate to the heirs by decision. For real estate, the land register (Grundbuch) is then corrected.

How long does it take?

What do the proceedings cost?

The court commissioner receives fees under the Court Commissioners Tariff Act (Gerichtskommissionstarifgesetz, GKTG), which depend mainly on the value of the estate and are determined by the court. The court's flat fee is 5 per mille of the net estate, at least around € 100 (TP 8 GGG; the amount is index-linked). If no probate proceedings take place, no flat fee is payable.

Worked example: Net estate € 200,000 → flat fee 5 ‰ = € 1,000. Added to this are the notary's fees and, where applicable, valuation costs and the land register entry fee of 1.1 % for real estate – for heirs within the family calculated only on three times the assessed value (Einheitswert), at most on 30 % of the value (§ 26a GGG).

Small and over-indebted estates

If the assets do not exceed € 5,000 and no entry in public registers is needed, no probate proceedings take place unless someone applies for them to continue (§ 153 AußStrG). If the estate is over-indebted and nobody has accepted unconditionally, the assets can be surrendered to the creditors in lieu of payment (Überlassung an Zahlungs statt, § 154 AußStrG).

Notary or your own lawyer?

The notary conducts the proceedings on behalf of the court and is obliged to be impartial. The notary does not represent your interests vis-à-vis co-heirs or persons entitled to a compulsory share. Your own lawyer checks whether a will is valid, which declaration makes sense and what claims you have.

This article gives a general overview of Austrian law and does not replace advice on your individual case.