Guidance

Austria: bereavement information

Updated 13 May 2024

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

If you are dealing with the death of a child, multiple deaths, a suspicious death or a case of murder or manslaughter, call +43 (0) 171613 (and select option 2 for consular assistance).

1. Contacting the travel insurance company

If the person who died had insurance, contact their insurance company as soon as possible. Insurance providers may help to cover the cost of repatriation. Repatriation is the process of bringing the body home. Insurance providers may also help with any medical, legal, interpretation and translation fees.

If the person who died had insurance, the insurance company will appoint a funeral director both locally and in the UK.

2. What to do if the person who died didn’t have insurance

If you are not sure whether the person who died had insurance, check with their bank, credit card company or employer.

If the person who died did not have insurance, a relative or a formally appointed representative will usually have to appoint a funeral director and be responsible for all costs. The FCDO provides a list of UK-based international funeral directors.

If you wish to arrange a funeral in Austria or repatriate the person who died to the UK, the FCDO provides a list of English-speaking funeral directors in Austria.

Larger funeral directors in Austria will usually be equipped to offer international services such as repatriations.

The Foreign, Commonwealth & Development Office cannot help with any costs.

3. Charities and organisations that offer support

Some UK-based charities and organisations may be able to offer assistance, support and information to people affected by a death abroad. The FCDO provides a list of UK-based charities and organisations that can help.

4. Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. In Austria, the next of kin is a registered spouse or partner. It then follows the hereditary line, for example to children and grandchildren. A dispute over the next of kin would be decided by a civil suit in court.

In Austria, the police will notify the next of kin of the death as long as the details are known or can be established.

5. Registering the death and obtain a death certificate

Deaths must be registered in the country where the person died. In Austria a death is registered at the local registry office. A funeral director can usually do this for you. Registrars in Austria will require certain documents in order to register the death, including:

• death notification form (Todesbescheinigung) or notice of death (Anzeige des Todes)
• birth certificate, stating their place of birth and the names of their parents
• religion
• official identity document (for example their British passport)
• details of their spouse (if applicable)
• marriage certificate (if applicable)
• divorce papers (if applicable)

Registrars will normally issue the death certificate (Sterbeurkunde) in German. You can request an international version (Internationale Sterbeurkunde) which provides a multilingual translation. Austrian death certificates do not give the cause of death. You can find this on the death report (Totenschaubefund) issued by the hospital or pathologist.

Ask for extra copies of the death certificate where possible. You might need to officially inform other organisations of the death.

You do not need to register the death in the UK. The local death certificate can usually be used in the UK for most purposes, including probate.

If you wish, you can register the death with the Overseas Registration Unit. You can order a UK-style death certificate, known as a Consular Death Registration certificate. A record will be sent to the General Register Office within 12 months.

You need to tell the local authorities if the person who died suffered from an infectious condition, such as hepatitis or HIV, so they can take precautions against infection.

6. Dealing with a local post-mortem

Post-mortems are normally performed when the cause of death is unknown, unnatural, sudden or violent.

In most Austrian provinces, the doctor carrying out the death inspection will decide whether a post-mortem is necessary. If a death takes place in a hospital, the medical history will also form part of the decision making. The public prosecutor may order a post-mortem if the death happens in a public area, if a third-party was involved, or if third-party involvement cannot be ruled out.

Forensic doctors appointed by the court carry out the post-mortem. Cultural or religious sensitivities may not be taken into account. The Foreign, Commonwealth & Development Office cannot stop or interfere with the process.

During a post-mortem, small tissue samples and organs may be removed and retained for testing without the consent of the person’s family. You will not automatically be told if this happens.

If any organs are removed they will be returned before the body is released for burial. In exceptional circumstances, for example, if further investigation is deemed necessary, body parts may be retained without permission. If this happens, the next of kin will be informed.

Post-mortem reports are not usually made available to the next of kin. However an appointed lawyer can apply for a report from the public prosecutor.

A person can register their objection to organ removal in an “opting-out register” (Widerspruchregister) compiled free of charge by the Austrian Federal Institute for Health (ÖBIG).

6.1 Mortuary facilities

Mortuaries in Austria are located at:

• cemeteries, where bodies are kept in certified cold storage facilities until the funeral, burial, or repatriation of the remains
• Hospitals, mainly for post-mortem examinations to establish the exact cause of death
• university medical faculties

The police and public prosecutor regulate whether the next of kin is permitted or required to visit or identify the deceased.

Mortuaries are situated all over Austria, but not necessarily in every municipality. If the deceased needs to be kept in a mortuary, the costs would have to be covered by the next of kin. These costs are regulated differently in each municipality/city both in terms of daily rates and lump sums.

If no mortuary facilities are available in the vicinity, the local public health authority would decide where the body of the deceased should be taken (such as to the provincial capital or country capital city).

7. Bringing the body home

If the person who died had insurance, find out if their insurance provider can help cover the cost of repatriation. Repatriation is the process of bringing the body home. If so, they will make the necessary arrangements.

If the person who died is not covered by insurance, you may have to appoint a funeral director yourself. You can appoint an international funeral director or a local funeral director with international capabilities.

The funeral director needs certain documents in order to arrange the repatriation. They can usually gather these documents for you:

• medical death certificate (Totenschaubefund). This shows the results of the medical examination and the date, time, place and cause of death. The medical death certificate is required in order for an international death certificate (Sterbeurkunde) to be issued.
• international death certificate (Sterbeurkunde)
• international corpse pass (Leichenpass). This is necessary for flight repatriations

Embalming is not standard practice in Austria and would only usually be carried out in the case of a repatriation abroad where the country of destination insists on it.

7.1 Find an international funeral director

Some local funeral directors may be able to arrange the repatriation to the UK. You should ask your appointed funeral director if they have the capabilities and understand the requirements.

If not, a relative or formally appointed representative can appoint a UK-based international funeral director to support with the repatriation to the UK. The FCDO provides a list of UK-based international funeral directors.

Local funeral directors will work with UK-based international funeral directors to make sure all the necessary requirements are met both locally and in the UK. This includes providing documents such as a local death certificate and a certificate giving permission to transfer the remains to the UK.

8. Advice and financial assistance for repatriation

For organisations and charities that may be able to offer assistance with repatriation, see information on LBT Global in Coping with death abroad: specialist support and advice or repatriation charities in Northern Ireland and Wales.

If you wish to arrange a post-mortem in the UK once the body has been repatriated, you can make a request to a UK coroner. The coroner will then decide if a post-mortem is needed. If you want the person who died to be cremated you need to apply for a certificate from the coroner - form ‘Cremation 6’.

9. Bringing the ashes home

If you choose local cremation, you should seek advice from your funeral director on the regulations on the repatriation of ashes from Austria to the UK.

The FCDO provides a list of UK-based international funeral directors.

Austrian cremation authorities will only release ashes (in sealed urns) to UK funeral directors. The Austrian Cremation administration requires a written confirmation from the management of a local UK cemetery that they have provided for a burial plot (urn acceptance note). Then a sealed urn together with relevant paperwork can be consigned to a UK funeral director.

Documents required for the repatriation of an urn include:

• medical death certificate (Totenschaubefund)
• international death certificate (Sterbeurkunde)
• urn acceptance note (Urnenannahmebestätigung)
• cremation certificate (Einäscherungsurkunde)

You should not have the person cremated abroad if you want a UK coroner to conduct an inquest into their death.

10. Burying or cremating the body locally

To have a local burial or cremation, a relative or a formally appointed representative needs to appoint a local funeral director.

The FCDO provides a list of English-speaking funeral directors in Austria.

The funeral director will be able to explain the local process and options available to you. Funeral law is state law in Austria, meaning each federal state and the associated municipalities and cities have control over the relevant regulations.

A local burial is usually only possible if the deceased had their main place of residence in Austria.

Foreign nationals can have a local cremation in Austria. Most crematoria in Austria require a signed consent and data protection declaration form completed by the deceased person before their death, or by the next of kin after the death.

You are not allowed to scatter ashes locally in Austria. Only authorised parties such as funeral directors can accept, hold or transport ashes. A local authority can grant permission for ashes to be stored (in a sealed urn) in a specific house or apartment. Regulations vary by province (Bundesland). A funeral director is commissioned to transfer the ashes.

You should not have the person cremated abroad if you want a UK coroner to conduct an inquest into their death.

If the next of kin does not have the financial means to pay for a funeral or cremation, the state will instruct a so-called “pauper’s funeral”. It may be possible to seek financial support from local charities or institutions but it would be up to the next of kin to take this forward.

If the next of kin does not appoint a funeral director by the deadline, the state will instruct a local cremation.

In Austria, a body can be donated to medical science provided this has been stated in the Last Will and Testament of the deceased. If no such statement has been made, the body will not be accepted.

11. Retrieving belongings

The police or local authority will take receipt of personal belongings found on the person who died at the time of their death if the family is not present. The district court of jurisdiction then entrusts a local notary to handle the personal belongings.

If the person who died was resident in Austria, the court-appointed district notary public will handle estate proceedings and inheritance matters. For any enquiries on estate proceedings, the next of kin should contact the appointed notary public. If the name of the notary public is not known to the next of kin, the embassy may be able to assist in establishing this. Access to the belongings of the deceased may be restricted. In this case, you should seek legal advice on how to proceed.

If you choose to repatriate, instruct the local funeral director to collect all personal belongings from the police or court and transport them together with the body. Arrangements should be put in place at the time of the transfer. It can be difficult to arrange the return of personal belongings after the repatriation has taken place.

The circumstances of the death and the regulations of the province (Bundesland) in which the death occurred dictate whether the personal belongings of the deceased can be returned to the next of kin. The next of kin should discuss this with the local police.

The police may wish to hold on to the personal belongings if the circumstances of the death are unknown or suspicious, or if a police investigation is ongoing. The police may also retain clothing as evidence. The appointed notary public will be notified when the personal belongings are no longer needed by the police.

The Foreign, Commonwealth & Development Office cannot take responsibility for the personal belongings of the person who died or help with the cost of returning personal belongings to the family.

12. Finding a translator

You may need a translator to help you understand the information or get certain documents translated. The FCDO provides a list of official translators in Austria.

13. Finding a lawyer

You can apply to appoint a lawyer in certain circumstances, such as a suspicious death. The FCDO provides a list of English-speaking lawyers in Austria

14. Cancelling a passport

To avoid identity fraud, the passport of the person who died should be cancelled with His Majesty’s Passport Office (HMPO). To do this, you need to complete a D1 form.

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

15. Checking you have done everything you need to do in the UK

Check this step-by-step guide for when someone dies to make sure you have done everything you need to do in the UK. You can find information on:

• how to tell the government about the death
• UK pensions and benefits
• dealing with the estate of the person who died