The Letter of Authority For Deceased is a crucial legal instrument in Austrian estate administration, required when someone needs to legally act on behalf of a deceased person's estate. It is typically issued after the death of an individual when there is a need to manage their assets, settle debts, or distribute inheritance. The document is governed by Austrian law, particularly the ABGB (Austrian Civil Code) and the Austrian Non-Contentious Proceedings Act, and must be obtained through formal court proceedings. It contains detailed information about the deceased, the appointed administrator, the scope of authority granted, and any specific limitations or conditions. This document is essential for interactions with banks, government authorities, and other institutions, as it provides official proof of the administrator's authority to act on behalf of the estate.
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1. Court Information and Reference Number: Identification of the issuing court and case reference number
2. Deceased Person Details: Full name, last address, date of birth and death of the deceased person
3. Legal Basis: Reference to the legal basis under Austrian law (typically referring to relevant sections of ABGB)
4. Authorized Person Details: Full name, address, and relationship to deceased of the person being granted authority
5. Scope of Authority: Detailed description of powers granted to handle the deceased's estate
6. Estate Details: Brief description of the main assets and liabilities of the estate
7. Duration and Limitations: Time period of validity and any limitations on the authority
8. Official Certification: Court certification and official seal section
1. Co-Representatives: Details of any co-administrators if multiple people are authorized to act jointly
2. Special Powers: Any specific or extraordinary powers granted beyond standard estate administration
3. International Authority: Additional provisions for authority to act in other jurisdictions, if estate has international aspects
4. Reporting Requirements: Any specific reporting obligations to court or beneficiaries
5. Revocation Conditions: Specific conditions under which the authority may be revoked
1. List of Known Assets: Detailed inventory of the deceased's known assets and their estimated values
2. List of Known Liabilities: Detailed inventory of the deceased's known debts and obligations
3. Death Certificate: Certified copy of the death certificate
4. Will or Intestacy Declaration: Copy of the last will and testament or declaration of intestacy
5. Heir Declarations: Written declarations from known heirs acknowledging the appointment of the administrator
6. Identity Verification: Certified copies of identification documents of the authorized person
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