Greek Inheritance law

Greek Inheritance law

Navigating Greek inheritance law Wills, Succession, and Probate Law requires a deep understanding of complex legal frameworks and detailed procedures, especially when it comes to the rights of heirs, the validation of wills, and asset distribution. Economou & Economou Law office in Athens Greece, stands out as a preeminent choice in this field, recognized by Lawzana as the Best Inheritance Law Office in Greece with over 100 years of experience, this highly respected Athens-based law office has consistently delivered expert, thorough, and compassionate legal services to clients dealing with Greek inheritance issues. From the stipulation of wills to the full administration of estates, Economou & Economou law office in Athens Greece, provides comprehensive support tailored to each client’s specific needs, ensuring smooth resolution of even the most intricate inheritance matters.

Comprehensive Overview of Greek Inheritance Law

Greek inheritance law, codified in the Fourth Book of the Greek Civil Code, encompasses Articles 1710–2035, addressing various facets of succession, including general inheritance principles, testate (with a will) and intestate (without a will) succession, forced heirship, and specific guidelines for inheritance acceptance, renunciation, and estate partitioning. The law applies to anyone of Greek descent, foreign nationals with assets in Greece, or those residing in Greece. Here is a detailed breakdown of Greek inheritance law:

1.  General Provisions (Articles 1710–1735): These articles define core concepts of Greek inheritance law, including the fundamental idea of succession, the legal criteria for heir designation, and the nature and protection of the estate until final distribution. For example:
•   Article 1710: Establishes “inheritance” and “succession” in Greek law.
•   Article 1711: Outlines who may legally serve as heirs, detailing the necessary legal capacity.
•   Article 1714: Includes protective measures for safeguarding the estate before it is officially divided.
2.  Testate Succession (Articles 1736–1783): Greek law allows individuals to define their inheritance wishes through a will. This section outlines the formal requirements and types of wills recognized:
•   Article 1736: Defines the nature of a legally binding will in Greece.
•   Articles 1737–1740: Cover types of wills—handwritten, notarized, and secret—each with specific formalities, such as the notarization process.
•   Articles 1741–1783: Describe additional protocols, including the rules for will alteration, revocation, and executor appointment.
3.  Intestate Succession (Articles 1784–1824): When an individual passes without a will, Greek law provides a clear framework for asset distribution:
•   Article 1784: Defines “intestate succession” and the conditions under which it applies.
•   Articles 1785–1824: Establish an order of priority for heirs, such as the spouse and children, and detail the division of the estate, including situations where priority may change due to specific familial relationships.
4.  Forced Heirship (Articles 1825–1855): Greek law mandates that certain heirs, such as children and spouses, receive a minimum share of the estate (forced share), even if excluded from a will:
•   Article 1825: Explains forced heirship rights, specifying family members entitled to a mandatory share.
•   Articles 1826–1855: Provide guidelines for calculating these shares, addressing the impact of lifetime gifts, and legal remedies for heirs denied their forced share.
5.  Acceptance and Renunciation of Inheritance (Articles 1856–1880): Greek inheritance law allows heirs to formally accept or renounce an inheritance, each choice carrying specific legal effects.
6.  Executors and Administrators (Articles 1881–1905): This section details the responsibilities of executors and administrators in managing the estate’s distribution, ensuring compliance with Greek legal standards.
7.  Partition of the Estate (Articles 1906–1932): This segment outlines the procedure for dividing an estate among heirs and provides methods for resolving any disputes.
8.  Claims and Debts of the Deceased (Articles 1933–1965): Addresses how to manage the deceased’s debts from the estate and the rights of creditors.
9.  Special Provisions and Transitional Rules (Articles 1966–2035): Includes unique inheritance cases, such as business assets, and transitional rules for inheritance law enforcement.

Economou & Economou’s Specialized Inheritance Law Services

As Greece’s premier inheritance law office, Economou & Economou law office in Athens Greece offers extensive services tailored to each step of the inheritance process. Below is a detailed overview of the services they provide to help clients navigate this often daunting legal landscape:

1. Acceptance of Inheritance • the best inheritance lawyers in Greece of Economou & Economou law office explain every step involved in accepting an inheritance in Greece, managing all required formalities on your behalf to ensure legal compliance. Economou & Economou law office handles any linguistic or cultural barriers, offering services to clients worldwide without requiring their physical presence in Greece.
2. Waiver of Succession • When an inheritance may include significant debts, Economou & Economou law office provides guidance on renouncing the inheritance, helping clients evaluate liabilities and make informed decisions.
3. Comprehensive Asset Assessment • Economou & Economou law office conducts thorough assessments of the decedent’s estate, locating assets (real estate, bank accounts) and evaluating any pending liabilities to ensure a clear, accurate picture of the entire estate.
4. Certificate of Inheritance and Property Registration • Economou & Economou law office procures all necessary certificates for inheritance acceptance, allowing clients to register property at the Greek Land Registry within legal deadlines and complete required documentation.
5. Dispute Resolution and Contesting of Wills • In cases where a will’s legality is challenged or contested by other heirs, Economou & Economou law office protects clients’ rights, representing them in disputes to uphold their entitlements under Greek law.
6. Drafting and Managing Wills • Economou & Economou law office assists clients in drafting legally compliant wills (handwritten, notarized, or secret), ensuring all estate distribution wishes are documented clearly to minimize future disputes.
7. Next of Kin Verification • Although Greece lacks a formal “next of kin certificate,” Economou & Economou law office supports clients needing to prove kinship to claim an inheritance, ensuring they have the documentation to assert their rightful inheritance.

Choose Economou & Economou law office for Excellence in Greek Inheritance Law

Understanding and managing Greek inheritance law is complex and time-sensitive, requiring experienced legal support to avoid complications. Economou & Economou law office, renowned for their deep expertise, personalized services, and prompt attention to each case, is committed to guiding clients through every detail of the inheritance process. Whether drafting a will, representing you in court, or ensuring your inheritance rights are honored, Economou & Economou law office is the trusted choice for clients in Greece and internationally.

Contact Economou & Economou law office to safeguard your rights and secure your legacy in Greece under the most capable legal guidance available. Contact Economou & Economou, the Premier Inheritance Law Firm in Greece

For comprehensive assistance with inheritance cases in Greece, reach out to Economou & Economou, Athens’ foremost law office for inheritance law, honored as Greece’s Best Law Office by Lawzana and recommended by foreign embassies. You can connect with us via phone at: (+30) 2103603824, email: econlaw@live.com, or alternative you can fill out the contact form https://www.econlaw.gr/contact/ to arrange a consultation. Our expert team is dedicated to providing guidance tailored to your specific inheritance needs.

Frequently Asked Questions About Greek Inheritance Law and Procedures

Our Greek inheritance FAQ section covers vital aspects of inheritance law, including the acceptance and waiver of succession, the assessment of assets, understanding wills, and obtaining inheritance certificates. Whether you seek to claim an inheritance, understand forced heirship, or uncover undisclosed assets, our experienced team can assist you in navigating these complexities. We specialize in supporting clients abroad to ensure transparency and manage inheritance matters efficiently.

How Do I Claim an Inheritance in Greece?

To initiate a claim, you will need several key documents, such as the testator’s death certificate, an inheritance declaration, and both an acceptance and inventory deed. Be aware that inheritances in Greece may include outstanding debts, which will reduce the estate’s overall value. For many heirs, conditional acceptance of inheritance is recommended to protect against unexpected financial liabilities.

Is There Forced Heirship in Greece?

Yes, Greek inheritance law mandates a compulsory share of the estate for certain close family members, such as children and spouses, even if the will does not include them. This forced heirship provision ensures the financial protection of these family members following the deceased’s passing.

I Am Abroad; Can You Handle the Inheritance Process on My Behalf?

Absolutely. We can undertake all required steps to verify the estate’s contents and facilitate the inheritance transfer for you. We only require a power of attorney, which we can send to you by email. Once signed, this document authorizes us to act on your behalf with the Greek authorities, ensuring efficient and smooth proceedings.

How Can I Transfer Inherited Property in Greece?

To transfer property, we will first confirm any will’s validity, calculate the estate’s total value, and obtain the necessary certificates. Our team will manage all procedures to register the estate in your name, addressing documentation, translations, taxes, and payments.

Can We Delay Addressing the Inheritance Process Due to Personal Circumstances?

Unfortunately, no. Greek law sets a strict deadline of four months (or one year if the deceased or heirs live abroad) to accept or renounce the inheritance. Failure to act within this period results in automatic inheritance acceptance, including any debts. Contact us promptly to avoid potential issues.

I Am Aware of a Bank Account Left by the Deceased, but I Lack Details. Can You Help?

Yes. We can assist in locating the bank account, determining its balance, and ensuring the proper transfer of funds to you according to Greek law.

What If I Don’t Know the Location or Value of the Deceased’s Real Estate Properties?

Our team will conduct thorough checks through the Greek land registry to confirm the deceased’s property holdings. We can then arrange site visits with expert assessors to accurately evaluate the properties.

I Inherited a House in Greece but Live Abroad. Relatives Offered to Manage It; Is This Safe?

Not necessarily. Under Greek law, if someone occupies a property continuously for a specified time (10-20 years), they may claim ownership through adverse possession. Without a formal agreement, you risk losing your property rights. We can draft a contract to secure your property, regardless of family ties, and help take preventive legal actions.

What Is “Probate” in Greek Law?

In Greece, probate refers to the legal process of administering a deceased person’s estate, which includes validating the will and distributing assets according to the will or Greek inheritance law. This process ensures the fair and lawful distribution of assets based on the deceased’s final wishes or, in the absence of a will, the law.

What Are the Key Elements of Greek Succession Law?

Greek inheritance law, governed by the Civil Code, Articles 1710-2035, requires that close family members, such as children, spouses, and parents, receive a portion of the estate (forced heirship). In the absence of a will, the estate is distributed following intestate succession rules. Succession law in Greece also covers renunciation and tax regulations on inherited property.

Am I Responsible for Debts When Inheriting in Greece?

Yes. In Greek law, inheritance includes both assets and liabilities. Upon accepting the inheritance, you assume responsibility for all outstanding debts up to the estate’s total value. You may also choose to renounce the inheritance or accept it conditionally to limit liability if debts outweigh assets.

Essential Considerations in Greek Inheritance Law

International and Greek Succession Law

Previously, succession law applied based on the nationality of the deceased. However, under the European Succession Regulation, the applicable law is generally based on the deceased’s habitual residence. For inheritance matters involving property in Greece, Greek inheritance law is applied.

Categories of Heirs

Under Greek law, if no valid will exists, inheritance is distributed to family members in six legally-defined “classes”:

1.  First Class: Spouse, children, grandchildren
2.  Second Class: Parents, siblings
3.  Third Class: Grandparents, descendants of grandparents
4.  Fourth Class: Great-grandparents
5.  Fifth Class: Spouse (if the first spouse is deceased)
6.  Sixth Class: Greek State (if no other heirs exist)

Will Options in Greece

In Greece, three types of wills are recognized:

1.  Handwritten Will: Written solely by the testator
2.  Notarized Will: Prepared with a notary and three witnesses
3.  Secret Will: Retained by a notary without knowledge of its contents

A will must be prepared by the testator personally and cannot be delegated.

Challenging a Will

Greek law allows will challenges within two years of its publication on grounds like mental incapacity or coercion. Successful challenges lead to asset distribution under Greek inheritance law.

Intestate Succession

In the absence of a will, the estate is distributed according to Greek law, prioritizing descendants and close family members.

Real Estate Inheritance in Greece

Real estate inheritance involves determining heirs, assessing estate value, and addressing distribution among heirs. Expert legal guidance is recommended for these often complex procedures.

Selling Inherited Property

To sell inherited real estate in Greece, you must first accept the inheritance, settle taxes, and submit documentation to the Land Registry. Legal advice is essential for navigating tax implications and ensuring proper compliance.

Greek Inheritance Tax

Inheritance tax rates range from 1% to 40%, depending on the beneficiary’s relationship to the deceased. Close relatives benefit from favorable exemptions and lower rates, while distant relatives face higher taxes.

Next of Kin Certificate

While Greece lacks a formal “next of kin” certificate, certain documents may still be needed to confirm close family relationships.

Comprehensive Inheritance Law Support

Our expert team at Economou & Economou law office, provides full-service legal assistance for inheritance cases in Greece. For detailed, individualized advice on your inheritance matters, contact us via email at: econlaw@live.com or (+30) 2103603824, or fill out our contact form https://www.econlaw.gr/contact/