Insolvency
Debtors

Inheritance acceptance by the insolvency administrator: benefit of inventory and refusal

Inheritance after insolvency opening: the administrator’s decision, benefit of inventory and the right leaving the estate after non-acceptance or rejection under section 4 IO.

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16 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt

If an inheritance falls to the debtor after insolvency proceedings have been opened, the insolvency administrator decides whether to accept it in place of the debtor. Section 4(1) IO permits acceptance with the benefit of inventory.

The provision distinguishes an inheritance from a legacy and from a gratuitous transfer between living persons. The file must therefore identify the type of asset and the declaration made by the insolvency administrator.

If the insolvency administrator does not accept the inheritance, or rejects a legacy or gratuitous transfer, the right leaves the insolvency estate under section 4(2) IO. This article addresses the decision in opened insolvency proceedings, not a later inheritance received during debt discharge proceedings.

Classify the inheritance issue

What decision must be recorded in the insolvency proceedings?

This short check classifies the asset, the declaration and the record to prepare. It does not replace a review of the will, legacy or case file.

Discuss the specific matter with the firm.

01 Question 1

What falls to the debtor after the proceedings are opened?

Secure the notice, will or legal basis of the transfer.

Your answers

Review the documents

01

Record acceptance and the benefit of inventory in the case file

Keep the insolvency administrator’s declaration, the legal basis of the inheritance and the inventory documents together. Record which assets and liabilities form part of the estate.

02

Document that the right leaves the insolvency estate

For a non-accepted inheritance, record the declaration and its date in the file. Section 4(2) IO links this decision to the right leaving the insolvency estate.

03

Separate the rejected transfer from the insolvency estate

For a legacy or gratuitous transfer, keep the legal basis and rejection together. Under section 4(2) IO, the right leaves the insolvency estate when the administrator rejects it.

04

Clarify the legal basis of the transfer first

Bring together the will, inheritance documents, legacy or agreement for the gratuitous transfer. Only the classification as an inheritance or transfer shows which decision under section 4 IO must be reviewed.

05

Present the open decision with the estate information

Combine the documents on the inheritance or transfer with the current stage of the proceedings. This gives the insolvency administrator a clear basis for deciding on acceptance or rejection.

The insolvency administrator decides in place of the debtor

Section 4(1) IO addresses an opened insolvency proceeding and an inheritance falling to the debtor. The insolvency administrator may accept the inheritance in place of the debtor. The decision connected with the insolvency estate therefore lies with the administrator.

The word “may” describes a power to decide. The file should record the inheritance, the information received by the administrator and the declaration on acceptance. A mere estimate of the estate value does not answer the acceptance question.

Timing matters for the classification. This article concerns an inheritance arising after the opening of proceedings. A historic inheritance received during later debt discharge proceedings is governed by a different legal review.

Separate the legal basis from the declaration

Inheritance, legacy and gratuitous transfer under section 4 IO

The type of asset determines which declaration and which consequence for the insolvency estate must be recorded.

Review fields for the insolvency administrator’s decision
Type of asset Declaration Consequence under section 4 IO
Inheritance Administrator accepts Acceptance in place of the debtor with the benefit of inventory Keep the declaration with the estate documents and the inventory reference.
Inheritance Administrator does not accept Non-acceptance of the inheritance The right leaves the insolvency estate.
Legacy or transfer Administrator rejects Rejection of a legacy or gratuitous transfer between living persons The right leaves the insolvency estate.

The table identifies the statutory decision point. Whether a case is an inheritance, legacy or gratuitous transfer depends on the relevant documents.

The benefit of inventory qualifies the acceptance

Section 4(1) IO expressly refers to acceptance of an inheritance with the benefit of inventory. The declaration should therefore be recorded using this statutory qualification. The file should also contain the documents showing the estate assets and estate liabilities.

The benefit of inventory is a legal feature of the acceptance and must be kept separate from a list of existing assets. An asset statement describes what is known about the estate. The inventory reference concerns the legal form in which the inheritance is accepted. Both should be labelled separately in the file.

Section 4 IO does not provide a blanket answer for every individual estate asset. The administrator’s declaration, the estate documents and the stage of the proceedings must be reviewed together before further conclusions are drawn.

Non-acceptance and rejection remove the right from the estate

Section 4(2) IO names two situations. The insolvency administrator does not accept an inheritance, or rejects a legacy or the acceptance of a gratuitous transfer between living persons. In both cases, the right leaves the insolvency estate.

The record must connect the declaration, its date and the legal basis. For an inheritance, the file should identify the non-acceptance. For a legacy or transfer, it should show that the rejection concerns that specific position.

The statutory consequence concerns the insolvency estate. The fact that a right leaves the estate does not by itself decide how the matter is treated under inheritance law outside the estate. That question requires a separate review of the relevant documents and law.

Connect the inheritance event and the insolvency file

A reliable first review needs more than an isolated estimate of the estate. Set out the inheritance event, the opening of the insolvency proceedings, the notice to the insolvency administrator and each declaration in chronological order.

Depending on the case, the file should include the will, proof of the inheritance event, a legacy or the agreement for the gratuitous transfer. Court notices, correspondence from the insolvency administrator and available estate schedules should be retained as well.

Then mark the open decision: acceptance with the benefit of inventory, non-acceptance or rejection. This prevents an asset entry from being treated as acceptance or an undocumented response from being treated as rejection.

Important: Section 4 IO governs the insolvency administrator’s decision on an inheritance, legacy or gratuitous transfer. If the inheritance is not accepted or the transfer is rejected, the right leaves the insolvency estate. The declaration and legal basis must be recorded together.
FAQ

Questions about inheritance in insolvency proceedings

Who decides whether an inheritance is accepted? +

Under section 4(1) IO, the insolvency administrator may accept the inheritance in place of the debtor. The inheritance event, the opening of proceedings and the administrator’s declaration should be kept together.

What does the benefit of inventory mean here? +

Section 4(1) IO refers to acceptance with the benefit of inventory. The declaration should therefore be documented together with a traceable record of estate assets and liabilities.

What happens if the inheritance is not accepted? +

Under section 4(2) IO, the right leaves the insolvency estate when the insolvency administrator does not accept the inheritance.

Does the same consequence apply to a rejected legacy? +

Yes. If the insolvency administrator rejects a legacy or the acceptance of a gratuitous transfer between living persons, the right leaves the insolvency estate under section 4(2) IO.

Topics
Inheritance in insolvencyInsolvency administratorBenefit of inventoryLegacy

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