Renunciation of inheritance in Greece

Inheritance in Greece: what it is and how it works

Inheritance in Greece can be transferred either through a will or, in the absence of one, according to intestate succession rules, which prioritise relatives in a specific legal order.

Under Greek law, heirs inherit the deceased’s assets and debts.

To avoid a potential financial burden, an heir may choose ‘acceptance under benefit of inventory’, which limits liability to the value of the inherited assets. Alternatively, they may renounce the inheritance altogether.

How does inheritance renunciation work in Greece?

Inheritance renunciation in Greece is a formal legal procedure governed by the Greek Civil Code. It allows a designated heir to officially decline their right to inherit an estate, which may include property, assets, and financial liabilities such as loans, unpaid taxes and other debts left by the deceased. This legal option is particularly significant in Greece, where inheritance is universal: unless specified otherwise, heirs inherit the entire estate, including all rights and obligations.

This means that if the deceased left substantial debts, any heir who accepts the inheritance assumes full personal responsibility for them.

To avoid this risk, Greek law provides two key legal alternatives:

• Accepting the inheritance with benefit of inventory (κατά απογραφή), which limits the heir’s liability to the net value of the estate after a court-supervised asset and debt inventory.
• Renouncing the inheritance (αποποίηση κληρονομιάς), which fully severs legal ties to the estate.

Renunciation is often advisable when the estate’s liabilities are unknown, disputed or clearly exceed its assets. It allows individuals to protect themselves and their families from financial burdens that could otherwise be passed on to future generations.

Any legal heir has the right to renounce an inheritance. However, if the heir is a minor, legally incapacitated or under judicial guardianship, renunciation must be approved by a Greek court to ensure that it serves the heir’s best interests.

Greek law imposes strict time limits for renouncing an inheritance:

• Four months from the moment the heir becomes aware of the death and their right to inherit, if they reside in Greece.
• Twelve months if the heir or the deceased was living abroad at the time of death.

Failure to act within these timeframes is considered tacit acceptance of the inheritance, even if the heir never explicitly stated their intention to accept it. Tacit acceptance can also occur if the heir acts as though they are the owner, for example by paying taxes, managing property or selling estate assets.

The Renunciation Procedure

Renouncing an inheritance is a formal legal act.

It cannot be done informally by letter, verbal declaration, or inaction. The procedure must be conducted before the Magistrate’s Court (Ειρηνοδικείο) in the jurisdiction where the deceased last resided in Greece.

The steps are as follows:

• The heir (or their legal representative) must appear before the court to submit a statement of renunciation (δήλωση αποποίησης κληρονομιάς).
• If the heir is abroad, they may renounce through a Greek consulate or appoint a lawyer in Greece via a notarized power of attorney.
• Once the court registers the renunciation, it becomes final and legally binding.

Those abroad may renounce via a Greek consulate or through a lawyer in Greece with a proper power of attorney.

Legal Effects and Consequences

Once the renunciation has been registered, the heir is legally treated as though they had never been entitled to inherit in the first place. The inheritance then passes to the next eligible heir in accordance with Greek succession laws. If multiple heirs renounce successively, the estate continues down the legal order of succession.

It is important to note that renunciation is irrevocable once finalised, unless the heir can later prove that it was made under fraud, coercion or serious misinformation. In this case, the matter may be challenged in court.

If all legal heirs renounce the inheritance and there are no further successors, the estate is ultimately escheated to the Greek state, which assumes both its assets and any outstanding liabilities.

FAQ about Renouncing an Inheritance