My children live in the USA and Canada. What do they have to do when I die?
Your co-pilot in inheritance law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Inheritance law
The hardest part wasn’t the inheritance. It was proving that the daughter was the daughter.
The paper chase
The father lives in Vienna. His children emigrated decades ago, the son to the USA, the daughter to Canada. After his death the probate proceedings take place in Vienna. The children agree, there is no dispute. Even so, a paper chase through the authorities begins.
Every signature has to be certified, and in a way that is recognised in Austria. The documents are in English and have to be translated. And in her Canadian papers the daughter has a different name from the one on her Austrian birth certificate: she married and has long used a different name.
The hardest part wasn’t the inheritance. It was proving that the daughter was the daughter.
Everyone in the family knew she was the only child of that name. The proceedings needed it proved on paper: birth certificate, marriage certificate, change of name, all certified and translated. We took over the paper chase from Vienna. The children signed a power of attorney once and never had to travel.
Today part of this would be easier: Canada has been a member of the Hague Apostille Convention since 2024. Where a whole chain of authentications through several authorities used to be necessary, an apostille is now usually enough.
The lesson: if your children live abroad, you can spare them most of the paper chase during your lifetime.
What the law says
- Jurisdiction: if the deceased last had their habitual residence in Austria, the Austrian authorities have jurisdiction under the EU Succession Regulation, and Austrian inheritance law applies. Where the children live changes nothing.
- The proceedings are conducted by a notary acting as court commissioner. The heirs submit a declaration of acceptance; at the end the court transfers the estate to them (Einantwortung).
- Travel is not necessary. Heirs abroad can be represented. The power of attorney is signed and certified locally before a notary public or at the Austrian consulate.
- Apostille: the USA and, since 2024, Canada are members of the Hague Apostille Convention. Public documents from both countries generally only need an apostille for Austria, no further chain of authentication.
- Translations: English documents often need a translation by a court-sworn translator.
- Taxes: Austria has no inheritance tax. Real estate transfer tax does apply to properties, however. In the USA, heirs may have to report an inheritance from abroad above a certain amount. They should clarify this with their local tax adviser.
What you can prepare during your lifetime
- A clear will, deposited and registered. This saves questions of interpretation from afar.
- Put the documents in order: your children’s birth and marriage certificates, changes of name, proof of citizenship. Ideally as certified copies in one place.
- Name a contact person in Vienna, for example a lawyer who can conduct the proceedings for your children.
- List accounts and assets, with bank, account number and contact person. Your children no longer know their way around Austria.
How the EU Succession Regulation works in principle: My mother lived in Vienna, the house is in Bulgaria, my brother lives in Germany. Who has jurisdiction? →
Heirs who live abroad?
We conduct the proceedings in Vienna for them, and nobody has to travel. Or we prepare everything today so that it is simple later. Initial assessment within 48 hours on working days; the first consultation is free of charge.
Get in touch+43 1 34 601 71