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Greek Inheritance Law, Lawyers Wills, Succession and Probate in Greece
Greek inheritance law comes into play when a person of Greek descent or with assets in Greece passes away. To effectively manage their inheritance by transferring their assets and estates, one must know how to claim it.
Greek inheritance law is a very complex matter, which is outlined in the Fourth Book of the Greek Civil Code, on Family Law, in Articles 1710 – 2035 within a specific section on succession law.
This section of the Greek Civil Code deals specifically with the laws governing the distribution of an individual’s estate after death. It outlines the rights and obligations of heirs, the procedures for validating and executing wills and the legal mechanisms for intestate succession (when a person dies without a will).
Each article addresses in detail a specific aspect of Greek inheritance law, highlighting the complexity and thoroughness of Greek succession law as set out in the Greek Civil Code:
- General Provisions (Articles 1710-1735)
- Article 1710: Defines the term “inheritance” and the concept of succession.
- Article 1711: Explains who can be an heir and the legal capacity required.
- Article 1712: Outlines the concept of the estate and what it comprises.
- Article 1713: Details the rights of heirs in the event of multiple heirs.
- Article 1714: Provides rules for the protection of the estate until it is distributed.
- Testate Succession (Articles 1736-1783)
- Article 1736: Defines a will and its legal requirements.
- Article 1737: Details the different types of wills (handwritten, notarized, and secret).
- Article 1738: Explains the formalities required for a valid handwritten will.
- Article 1739: Outlines the process for creating a notarized will.
- Article 1740: Describes the procedure for a secret will and its safekeeping.
- Article 1741-1783: Provide additional rules for the content, revocation, and alteration of wills, and the appointment of executors.
- Intestate Succession (Articles 1784-1824)
- Article 1784: Defines intestate succession and when it applies.
- Article 1785: Establishes the order of priority among heirs (e.g., spouse, children, parents).
- Article 1786: Details the shares of the estate for each class of heirs.
- Article 1787-1824: Provide specific rules for the distribution of the estate among various heirs and situations where the order of priority may be altered.
- Forced Heirship (Articles 1825-1855)
- Article 1825: Explains the concept of forced heirship and the mandatory shares.
- Article 1826: Lists the relatives who are entitled to a forced share.
- Article 1827-1855: Provide detailed rules on calculating the forced shares, the impact of gifts and advances, and the legal remedies for heirs if their forced share is not respected.
Other articles include important regulations about other aspects of Greek Inheritance Law:
- Articles 1856-1880 – Acceptance and Renunciation of Inheritance: These articles explain the procedures for heirs to accept or renounce their inheritance, including the legal consequences of each choice.
- Articles 1881-1905 – Executors and Administrators: This part details the roles and responsibilities of executors and administrators in managing and distributing the estate.
- Articles 1906-1932 – Partition of the Estate: These articles cover the division of the estate among the heirs, including methods for resolving disputes.
- Articles 1933-1965 – Claims and Debts of the Deceased: This section outlines how the deceased’s debts are to be paid from the estate and the rights of creditors.
- Articles 1966-2000 – Special Provisions: These articles provide specific rules for particular situations, such as the inheritance of businesses or trademarks.
- Articles 2001-2035 – Transitional and Final Provisions: This part includes transitional rules for the implementation of the inheritance laws and any final legal clarifications.
Individuals have three options in Greece for defining their inheritance choices: a handwritten will, a notarized will, and a secret will.
The death of a Greek citizen, a person of Greek origin, or a person with assets in Greece, triggers a series of procedures, legal obligations and actions to be taken in Greece. These procedures, regulated by Greek law, make special provisions for next of kin, people with a close degree of family relationship to the deceased, whether there is a death will or not.
This is a short summary of the main heirs classes in Greece regarding an estate:
- Children inherit equal shares of the estate (Article 1816 of the Civil Code);
- The spouse receives half of the estate (Article 1820 of the Civil Code) as is included in the third class;
- Any other surviving person with whom the deceased had concluded a registered partnership receives one third of the estate (Article 11 of Law 3719/2008) as is included in the third class.
Understanding these inheritance options in Greece is essential to ensure assets are distributed according to one’s wishes after death.
Don’t hesitate to get in touch with us to talk about your Inheritance Law needs.
Athens
+30 210 7008720
Thessaloniki
+30 2310 284408
Berlin
+49 30 88702382
Our Inheritance Law Services
We Are Here to Help You Deal with Greek Inheritance Law
We are well aware that the passing away of a loved one already entails enough trouble, and our task is to avoid adding to it. Therefore, we are used to acting promptly, sensitively and carefully to avoid adding worry to an already delicate moment.
We understand from professional experience the problems that can arise at such a difficult time, and we can also guide you in creating a binding will that truly represents and enforces your last wishes, whether it is a handwritten will, a notarized will, or a secret will.
No matter where you are located or reside, we will help you deal with any matter related to Greek inheritance law and the complexities of acquiring an inheritance in Greece. We have been handling inheritance law in Greece for 20 years and have really strong experience in the field.
Acceptance of Inheritance
We will explain to you how to accept an inheritance in Greece and help you deal with all issues related to the acquisition of your inheritance. We will facilitate all the necessary formalities for you without you having to worry about cultural or language barriers and without you having to be present in Greece.
Waiver of Succession
In some cases, accepting the inheritance may not be the right choice, as this may consist of debt and liabilities towards others. We will assess the situation together to advise you best and guide you through waiving the inheritance.
Assessment of inherited assets
In most cases, it may be advantageous to carry out a prior assessment of the decedent’s estate so that there is a clear picture of the entirety of the estate.
We will investigate the existence of a will, locate the deceased’s assets (like real estate or bank accounts) and conduct a comprehensive evaluation to ensure that no existing legal liabilities are pending on the property or assets of the deceased.
Certificate of Inheritance
We will procure all the certificates required for you to accept the inheritance. With the certificate of inheritance, we will also be able to register any property in your name in the land Registry in Greece within the right deadline.
Succession issues
Succession issues may arise when you do not consider a will lawful, or in cases when there is no will. Other times, the will may have been opposed by relatives for diverse reasons.
Contesting a will in Greece is possible if you wish to assert your rights as a legitimate heir in a context where they are not respected.
Potential heirs fighting over a decedent’s estate might even lead to legal action. In such cases, we will assess the situation and act quickly to protect your legal interests.
Wills & Inheritance
We will guide you through creating legally valid and effective wills in Greece to protect your estate and the interests of your heirs when you pass away and they inherit your assets.
Next of Kin Certificate
While there is no official next of kin certificate in Greece, you may find yourself in the position of having to prove your status as next of kin in order to receive an inheritance. We can help you with this.
Frequently Asked Questions
Greek inheritance law and inheritance issues in Greece: read the FAQ
Our Greek inheritance FAQs encompass essential topics, including acceptance and waiver of succession, assessment of inherited assets, insights into wills, and the procurement of inheritance certificates. If you aim to claim an inheritance, grasp the concept of forced heirship, or oversee undisclosed assets in Greece, our team stands prepared to help. We proficiently manage all complexities, particularly for those overseas, guaranteeing clarity regarding your inheritance.
How do I claim an inheritance in Greece?
To claim an inheritance in Greece, you should gather several essential documents. These include the testator’s death certificate, the declaration of inheritance, the deed of acceptance of inheritance, and the deed of inheritance inventory. It’s pivotal to note that inheritances might include debts.
Should there be any, these will be deducted from the inheritance you receive. Given this potential financial liability, many opt for a conditional acceptance of the inheritance, safeguarding against unforeseen debts.
Is there forced heirship in Greece?
In Greece, certain family members are entitled to a compulsory share of the deceased’s estate, even if they are not mentioned in the will.
This aims to protect the financial interests of these family members, such as children and spouses, and ensure that they do not face a lack of financial assistance following the individual’s demise.
A relative in Greece has passed away. I know there are legal procedures in Greece to obtain the inheritance, but I am not there, nor can I go there. Can you take care of it?
Yes. We can carry out on your behalf all the operations necessary to verify the size of the endowment and the transfer of the inherited property.
To act on your behalf before the authorities, we need to receive a power of attorney from you.
We will send you the document by email; you must sign it and send it to our office. We will be legally authorized to act on your behalf before the Greek authorities.
A relative of ours of Greek origin has died. He had property in Greece that we inherited. How can we proceed to transfer it?
Before transferring property to heirs, there are several considerations and legal steps to follow. First, it is necessary to verify the existence of a will and assess the overall size of the estate to see whether it consists of assets or debts.
The next step is obtaining the relevant inheritance certificates necessary to proceed.
We will take all the necessary steps to register the estate in your name: certificates, translations, taxes and payments.
A dear relative in Greece has died. We are sad, busy with the funeral and caught up in our daily chores. Can we deal with this at another time?
No! When a person dies, the law sets a maximum time limit for the heirs to accept or renounce the inheritance.
There are usually four months, during which you must carry out all investigations to assess the true extent of the inheritance.
The inheritance left by a deceased relative may be positive or consist of debts. If you do not act within the period prescribed by law, the inheritance will be accepted automatically, even if it consists of debts.
Contact us now to initiate all necessary procedures to determine and assess the status of the assets received in inheritance to avoid future problems and complications.
A relative has passed away. We know that he left a sum of money in a bank account in Greece, but we do not know the amount; we have no idea what this account is or where it was opened. Can you help us?
Yes, it is a situation that happens frequently. Our lawyer can help you locate the bank account, figure out the amount of money and other assets owned by the deceased relative and transfer them to you after calculating your share according to the law.
A deceased relative had properties in Greece, but no one in the family knows exactly where they are and what the value of these properties is. Can I find out precisely what I inherited?
Yes. The first step is to search the Greek land registry to check that properties are indeed registered in the deceased’s name. Next, the most appropriate thing to do is to go on-site with experts to assess the state of the properties and their value. Our lawyer will assist you at every stage of the procedure.
I inherited a house in Greece. I live far away, but there are some relatives of mine there. They told me they would take care of it for me over the years. Can I rest assured?
No! Without a carefully drafted contract that takes into account all the possible details of the case, you can also risk losing your property. And a contract is also necessary when dealing with relatives.
According to the principle of adverse possession in Greek law, anyone can obtain legal possession of a property if they occupy it continuously for several years (10 or 20, depending on the case).
We can assist you in preparing the documents you will need to protect your property rights. And don’t worry about what your relatives will think. It is not a matter of trust: it does not matter how close your relationship with them is!
Contact us now if you have already proposed to them to put everything in writing and they have refused to do so: we must act promptly before a court to protect your interests.
What is the definition of probate in the context of Greek law?
In Greece, the term “probate” refers to the legal process of administering the estate of a deceased person. This process involves validating the deceased’s will, if there is one, and distributing the estate according to the will or, in the absence of a will, according to Greek inheritance laws.
Thus, a simple probate definition is that the term includes all the legal procedures for validating a deceased person’s will and administering the distribution of their estate according to Greek inheritance law.
The probate process ensures that the deceased’s wishes are respected and that the estate is distributed fairly and legally.
What are the succession laws in Greece?
In Greece, succession laws are governed by the Greek Civil Code, specifically articles 1710 to 2035.
The key principles include forced heirship, where certain close relatives such as spouses, children, and parents are entitled to a mandatory portion of the estate. If there is no will, the estate is distributed according to intestate succession rules, prioritizing descendants, spouse, parents, and siblings. The law also covers the concept of testamentary freedom, allowing individuals to dispose of part of their estate through a will, provided it does not infringe on the forced heirship rights.
Additionally, Greek law includes provisions for renouncing inheritance, and inheritance tax regulations apply to all inherited property.
Can I inherit debts in Greece?
Yes. In Greek law, inheritance includes both the assets and liabilities of the deceased.
This means that when you inherit an estate, you also inherit any debts associated with it. If you accept the inheritance, you are responsible for paying all debts owed by the deceased up to the value of the estate.
However, you have options to protect yourself from inheriting more debts than you can handle, including the right to decline the inheritance altogether if you believe the debts outweigh the benefits of the estate.
Keep this in Mind!
What to know about Greek inheritance law
International and Greek law of succession
Whereas in the past, the law of the deceased’s nationality at the time of death applied to questions of succession law, with the entry into force of the European Regulation on Succession, the law applied is generally determined by the habitual residence of the testator.
Notwithstanding this, for the acquisition of ownership of individual items of the estate, however, the law of the place where the item is physically located is decisive. If the inheritance includes property in Greece, therefore, the inheritance must be accepted in accordance with Greek inheritance law.
Classes of Heirs
Under Greek inheritance law, if someone dies without leaving a will, or if their will is deemed invalid for any reason, the distribution of their property is governed by specific legal provisions outlined in the law, rather than by the explicit instructions of the deceased.
In order to ensure an orderly and equitable distribution of property, Greek law classifies potential heirs into six different categories, known as “classes”, each with its own prescribed rights and priorities in the succession of the estate.
The classes of heirs thus identified range from the closest relatives (spouse, children, grandchildren) to the most distant, including the Greek State in the event that the deceased has no heirs at all.
| Classes of Heirs | Heirs |
| 1st Class of Heirs |
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| 2nd Class of Heirs |
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| 3rd Class of Heirs |
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| 4th Class of Heirs |
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| 5th Class of Heirs |
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| 6th Class of Heirs |
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Will in Greece
There are three primary methods individuals can employ to draft a will and determine their inheritance preferences:
- Handwritten Will: Individuals can craft a will solely in their handwriting. This approach often provides clarity to the person’s wishes.
- Notarized Will: For those seeking a formalized method, drafting a will in the presence of a notary, witnessed by three individuals, offers added legal security. This method is advisable for intricate estates or those with several beneficiaries.
- Secret Will: A unique choice, the secret will permits the testator to entrust their will to a notary. The notary seals and stores the will without knowledge of its contents.
A will in Greece must always be drawn up personally by the testator: there is, therefore, no possibility of a will drawn up by a representative or proxy.
Only a natural person may make a will. In contrast, natural persons already at least conceived at the time of the testator’s death and legal persons already legally established at the time of death may inherit.
If you already have a Will, either in the UK, Greece or both, we can review it for you. We will analyze it from a legal perspective to ensure that it truly conveys your final wishes, and help you understand how it may affect your assets and estate after you pass away.
Contesting a Will in Greece
Contesting a will in Greece is possible but involves a potentially complex process.
It requires filing a lawsuit within two years of the will’s publication date based on mental incapacity, forced or fabricated will, improper influence, or failure to meet legal standards.
Greek law’s distribution rules determine asset dispersal if the court invalidates the will.
Challengers must prove their case, and the court may appoint experts to assess mental capacity or verify the will’s authenticity.
Inheritance with no will in Greece
A deceased person’s property, as well as his debts, is generally inherited by the relatives entitled to it, even if there is no will, according to the provisions of the law.
A person making a will may decide whom to appoint as heir and how to divide his property, provided that these provisions do not conflict with the law and the mandatory portion requirement laid down therein.
If the deceased did not leave a will, the succession is governed by the law, which provides for six categories of heirs, each of which excludes the previous one:
- Children and the grandchildren of the deceased
- The parents, brothers or sisters of the deceased. If they have predeceased, then their children or grandchildren come into the inheritance
- The grandparents
- The Greek Public. If no surviving relatives of the deceased at the time of his or her death, the property is inherited by the Greek Public.
Types of inheritance under Greek inheritance law
The estate may consist of movable and immovable property. Movable property is transferred to the heirs automatically at the time of death. In contrast, immovable property is transferred upon acceptance of the inheritance and registration of the change of ownership in the land register.
Greek inheritance law provides for three types of succession:
- Voluntary succession: it occurs when someone inherits property based on the will expressed in a will;
- Legal succession: it occurs when, in the absence of a will, those entitled inherit according to the provisions of the law;
- Compulsory succession (also known as forced inheritance): it occurs when someone inherits property by their compulsory right to a share of the estate as provided by law.
Waiver of succession in Greece
In Greece, there are strict deadlines within which it is necessary to renounce the inheritance, which vary depending on whether the deceased and the heirs reside within Greece or abroad.
If the deceased and the heirs live in Greece, the period available for renouncing the inheritance is four months. If the deceased or the heirs live abroad at the time of death, the time available is one year.
Once the legal deadline has expired, the inheritance must be accepted under legal regulations.
Real Estate Inheritance in Greece
In Greece, the inheritance of real estate is a complex and highly regulated process that often requires the expertise of a Greek real estate and property lawyer. Greek property laws are rooted in a mixture of civil law and customary practices, making it crucial to navigate the intricacies of inheritance with professional guidance.
When an individual passes away in Greece and leaves behind real estate assets, these properties become part of their estate. The inheritance process involves several key steps, including the determination of heirs, the valuation of the estate, and the distribution of assets, which may include land, houses, or apartments.
A Greek inheritance lawyer expert in real estate inheritance plays a pivotal role in this process by assisting heirs in understanding their rights and obligations, handling the legal documentation, and ensuring compliance with local regulations. They can help navigate potential challenges, such as resolving disputes among heirs, addressing outstanding debts or taxes on the property, and guiding clients through the official inheritance declaration.
Additionally, Greece has specific rules regarding forced heirship, meaning that a portion of the estate must be distributed to specific family members. It is crucial to consult with a legal expert to ensure compliance.
Selling Inherited Property in Greece
To sell an inherited property in Greece, you need to follow a few steps.
Firstly, you must formally accept the inheritance.
Once accepted, it’s essential to settle the inheritance tax, the amount of which depends on your relationship to the deceased and the property’s value.
After these steps, you’ll need to submit the requisite documents to the Land Registry Office.
Engaging with a local legal expert can simplify this process and provide clarity on the varying tax tiers.
What is the inheritance estate tax in Greece?
Inheritance tax in Greece is levied on the value of the assets inherited by the beneficiaries.
Greek inheritance tax is divided into three classes and the tax rate can range from 1% to 40% depending on the relationship between the deceased and the beneficiary.
Close relatives, such as spouses, children and parents, benefit from higher exemptions and lower tax rates, while the last class, which includes all other heirs, has the lowest exemptions and highest tax rates.
Next of Kin Certificate
In Greece, there is no official document called a certificate of next of kin. However, in some cases you may still need to prove that you are a close relative of the deceased, which is what the document is intended for.
We take care of your inheritance law needs in Greece
Please write or call us if you are looking for an expert Greek inheritance law lawyer.
We are here to advise you and take care of your legal needs in Greece.
Athens, Greece
+30 210 7008720
[email protected]
Thessaloniki, Greece
+30 2310 284408
[email protected]
Berlin, Germany
+49 30 88702382
[email protected]
You can also send your general inquiries to our central coordination at [email protected].