Certificate of Inheritance

Certificate of Inheritance: Why Do You Need One?

A Certificate of Inheritance is a legal document designed to provide clarity and legal certainty, as well as protecting property rights after someone’s death.

It provides definitive proof of heirship, preventing disputes among relatives and enabling heirs to transfer or register inherited property, access bank accounts, and fulfil tax obligations. Without this legal framework, the process of succession could be uncertain, leading to conflicting claims and legal insecurity.

In Greece, the Certificate of Inheritance is primarily regulated by the Greek Civil Code, the Code of Civil Procedure and notarial legislation. While the Greek Civil Code establishes who the lawful heirs are, the Code of Civil Procedure and the Notarial Code set out how this status is officially confirmed by the courts or a notary.

The key legal sources that regulate the certificate are:

• Articles 1710–2035 of the Greek Civil Code: establish who inherits and under what conditions. This forms the basis for issuing a certificate.
• Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας): regulates the judicial procedure for obtaining a certificate of inheritance when issued by a court.
• Notarial Code (Κώδικας Συμβολαιογράφων): provides the framework for notaries in Greece to issue a Certificate of Inheritance when all the legal conditions have been met (e.g. the existence of a public will and the agreement of the heirs, and the presentation of the required certificates).

Requirements for Obtaining a Certificate of Inheritance in Greece

To obtain a Certificate of Inheritance in Greece, certain fundamental legal conditions must be met, and a set of official documents must be presented. The specific documents required depend on whether the certificate is issued by a notary (which is common when there is a public will or uncontested succession) or by a court (which is necessary if there are disputes or if the case is complex).

These key elements provide the legal foundation for recognising and protecting inheritance rights. They ensure that the rightful heirs are correctly identified and that the transfer of the deceased’s estate takes place securely and without dispute.

They include:

• Proof of death: the person whose estate is in question must be legally declared deceased
• Proof of heirship: evidence of the lawful heirs, either by will (if one exists and has been published) or by intestate succession (i.e. according to the rules of kinship set out in the Civil Code)
• Verification that no other wills exist to avoid conflicting claims
• Acceptance or renunciation: heirs must formally declare whether they accept or renounce the inheritance
• Tax compliance: heirs must file an inheritance tax declaration

The documents required to issue a certificate of inheritance include:

• The death certificate of the deceased
• A family status certificate (πιστοποιητικό οικογενειακής κατάστασης) from the municipality showing relatives and heirs
• A will (if applicable), along with a certificate from the Court of First Instance proving it has been published.
• A certificate proving that no other wills have been published, issued by the Court of First Instance.
• A certificate proving that no will has been revoked.
• Certificates confirming the life status of close relatives (to confirm who is alive and entitled).
• An acceptance of inheritance declaration, either by notarial deed or by filing with the tax office.
• A certificate of inheritance tax declaration from the relevant tax authority.
• Identity documents of the heirs.

How to obtain a certificate of inheritance: step by step procedure

The process is carefully regulated by the Civil Code and the Code of Civil Procedure, both of which were recently updated by Law 5095/2024 to introduce faster and more structured steps.

Although the process requires the assistance of a lawyer, being aware of the necessary documents, costs and timelines can save heirs significant time and stress.

The following step-by-step guide explains how to apply for and receive a Certificate of Inheritance in Greece in detail, from the initial filing to the final issuance.

1. Determine the competent court of succession. This is the Ειρηνοδικείο in whose district the deceased had their last domicile or residence. If neither applies, the competent court will be in Athens.
2. Hire a lawyer and prepare the application. By law, the application must be signed by a lawyer. Once filed, it is posted at the court for ten days.
3. Collect the supporting documents.
4. A designated lawyer will then issue the act. According to Law 5095/2024, after the 10-day posting period, the designated lawyer from the Bar’s roster (who is not your own counsel) will check the file and issue the act that the registry will use to provide the certificate. If the designated lawyer cannot act or does not issue the act within 30 days of receiving the file, the registry moves to the next lawyer on the roster.
5. The certificate is issued by the court registry. Once the act is in place, the court clerk issues the certificate of inheritance and hands it to the applicant (a copy remains on file). If anyone intervened during the 10-day posting period, the matter is set for a hearing. In this case, the certificate is provided by court decision instead of by a lawyer’s act.
6. There are legal remedies if there is a dispute. The law provides remedies against the lawyer’s actions and against court decisions (with set time limits, e.g. 20 days to appeal a decision, which suspends its effect).

The cost of a certificate of inheritance

Applying for a certificate of inheritance in Greece requires payment of several official fees, as well as professional legal fees for representation.

Most official fees are fixed by law and can be paid either through the e-paravolo system or directly at the court.

The main cost items are:

• Designated lawyer’s fee: Under Law 5095/2024, the act forming the basis of the certificate is issued by a designated lawyer, who is entitled to a minimum statutory fee of €200. This amount must be paid in advance via the Bar’s system and submitted with the application. (Any additional fee for your own lawyer, who prepares and files the application, is arranged separately and is not regulated.)
• A certificate of closest relatives (πιστοποιητικό εγγυτέρων συγγενών) is free of charge and is available from the municipality, Citizens’ Service Centres (ΚΕΠ) or electronically via gov.gr.
• A certificate of non-publication of a will is issued by the local Court of First Instance or the Athens Court of First Instance (which keeps the national registry). Each certificate requires a small e-paravolo fee of €2.
• Other certificates occasionally required by the court (e.g. confirmation of non-revocation of a will or certificates of non-renunciation) also incur minor e-paravolo charges, typically within the same low range.

If documents are from abroad, heirs must arrange for certified translations into Greek and, where applicable, apostille authentication. Costs depend on the country of origin and the translator, so they vary.

In addition to the above, you must hire a lawyer to prepare the file, collect documents, submit the application and oversee the process. These fees are not fixed by law and are agreed privately with the lawyer. In practice, they may range from a few hundred euros for straightforward, uncontested cases to significantly higher amounts for complex estates involving multiple heirs or disputes.