Who inherits without a will? Statutory succession in Austria
Author: Mag. Nevena Shotekova-Zöchling, Attorney and insolvency administrator in Vienna · Without a will, the closest relatives inherit in Austria according to the parentelic system (Parentelsystem), together with the spouse or registered partner. The spouse inherits one third alongside children, two thirds alongside parents and everything in all other cases (§ 744 ABGB). Unmarried partners (Lebensgefährten) inherit only if there are no statutory heirs and the cohabitation lasted at least three years (§ 748 ABGB).
Key facts
- Without a will, the closest relatives inherit in Austria according to the parentelic system, together with the spouse or registered partner.
- The spouse inherits one third alongside children, two thirds alongside parents and everything in all other cases (§ 744 ABGB).
- Unmarried partners inherit only if there are no statutory heirs and they lived in a shared household with the deceased for at least the last three years (§ 748 ABGB).
- The spouse also receives a statutory preferential legacy: the right to continue living in the marital home and the necessary household contents (§ 745 para 1 ABGB).
- If there are no relatives up to the fourth line, no spouse and no entitled unmarried partner, the estate passes to the Republic of Austria (§ 750 ABGB).
The parentelic system: four lines
The law divides relatives into lines (Parentelen). As long as someone from a closer line inherits, all more distant relatives receive nothing.
| Line | Who inherits? |
|---|---|
| 1st line | Children; in place of deceased children, their descendants |
| 2nd line | Parents; in their place, siblings, nieces, nephews |
| 3rd line | Grandparents; in their place, uncles, aunts, cousins |
| 4th line | Great-grandparents (only they themselves, § 741 ABGB) |
Children inherit in equal shares, whether born in or out of wedlock. If a child has already died, that child's children take their place and share their portion (right of representation, Eintrittsrecht, §§ 732 f ABGB).
How much does the spouse inherit?
- Alongside children: one third; the children share two thirds.
- Alongside parents: two thirds; the parents one third.
- In all other cases: everything. Siblings, grandparents, uncles or aunts inherit nothing alongside the spouse.
Example: A Viennese man leaves € 300,000, his wife and two children. The wife inherits € 100,000, each child € 100,000. If he had no children but both parents were still alive, the wife would receive € 200,000 and the parents € 50,000 each.
In addition, the spouse receives a statutory preferential legacy (gesetzliches Vorausvermächtnis): the right to continue living in the marital home and the household contents, insofar as they are needed to continue the previous standard of living (§ 745 para 1 ABGB). This applies unless the spouse has been lawfully disinherited.
Unmarried partners: hardly any statutory rights
Unmarried partners are not statutory heirs. They inherit the entire estate only by way of exception if no statutory heir inherits and they lived in a shared household with the deceased for at least the last three years before the death (extraordinary right of inheritance, außerordentliches Erbrecht, § 748 ABGB). Since even a cousin takes precedence, this is rare.
They are somewhat better off as regards housing: anyone who lived with the deceased for at least three years may stay in the shared home and use the household contents for one year, provided the deceased was neither married nor in a registered partnership (§ 745 para 2 ABGB).
Anyone who wants to provide for their unmarried partner therefore needs a will.
If nobody inherits
If there are neither relatives up to the fourth line nor a spouse or entitled unmarried partner, the estate passes to the Republic (the Federal State's right of appropriation, Aneignungsrecht des Bundes, § 750 ABGB).
Frequently asked questions
Do stepchildren inherit?
No, only biological and adopted children. Stepchildren need a will.
Do siblings inherit alongside the spouse?
No. Since 2017, the spouse then receives the entire estate.
Does statutory succession also apply to assets abroad?
That depends on the applicable law, usually that of the last habitual residence (EU Succession Regulation).
What share are you entitled to? The ErbrechtCheck calculator “What am I entitled to?” gives you a first orientation; in a free first consultation we review your case.
Book a first consultationoffice@advokat-wien.at+43 1 34 601 71Read more
- Inheritance law & probate – overview & services
- Is there inheritance tax in Austria? What you still pay when inheriting property
- Care legacy in Austria: Do relatives who provided care get more from the estate?
- International inheritance law in Austria: What applies to assets or heirs abroad?
- How is the compulsory share calculated in Austria? How much are you entitled to?
This article gives a general overview of Austrian law and does not replace advice on your individual case.