In principle, a non-married partner (Lebensgefährte) has no legal right of inheritance.
If the deceased was not married at the time of death, the partner (Lebensgefährte) of the deceased, provided that he or she has lived in the same household as the partner (Lebensgefährte) of the deceased for at least the last three years, has the right to continue to live in the jointly occupied flat for up to one year after the death of the deceased as a statutory advance bequest. In all other respects, however, special regulations apply to tenancy agreements and condominium and owner partnerships in condominiums.
If no legal heir comes to the estate, a partner (Lebensgefährte) is entitled to an extraordinary right of inheritance. He or she is entitled to the entire inheritance of the deceased, provided that he or she lived with the deceased as his or her partner (Lebensgefährte) in the same household for at least the last three years before the death of the deceased (§ 748 para 1 ABGB). However, the requirement of a common household may be waived if there were substantial reasons (such as health or professional reasons) that prevented this (§ 748 para 2 ABGB). An extraordinary right of inheritance of the legatee intended by the deceased comes into effect if neither a legal heir nor the partner (Lebensgefährte) come to the estate (§ 749 ABGB). If, however, there is no heir and no one else acquires the estate, the Federation (i.e. the State = Republic of Austria) has a right of appropriation (§ 749f ABGB). Since a reversion to the Republic of Austria is usually not desired, provisions should be made in good time by means of testamentary dispositions.