Best Estate Planning Lawyers in Arta

About Estate Planning Law in Arta, Greece

Estate planning in Arta operates under Greek civil law and combines private law, tax law, and property registration rules. The goal is to organize how your assets will be managed during incapacity and transferred after death in a way that respects Greek legal limits and your family circumstances. In practice, planning typically involves a will, lifetime transfers such as a parental gift, powers of attorney for financial matters, and steps to simplify inheritance for heirs. Key local actors are notaries, who draft and keep wills and notarial deeds, the Court of First Instance of Arta, which records will publications and inheritance renunciations, the Hellenic Cadastre for real estate registration, and the tax authority for inheritance and gift tax. For cross-border families, the EU Succession Regulation can determine which country’s law applies to the entire succession, so early planning is important.

Why You May Need a Lawyer

Estate planning is not one-size-fits-all. You may need a lawyer in Arta for any of the following:

- You want to draft, update, or revoke a will and ensure it is valid under Greek law. - You wish to transfer real estate to children while retaining a lifetime right to live in it through a usufruct reservation. - You have a second marriage, minor children, or dependents with special needs and must balance reserved shares with your wishes. - You own a business or shares in a company and need a succession plan that addresses management and control. - You or your heirs live outside Greece, you hold assets in multiple countries, or you want to choose the law of your nationality under EU rules. - You need to accept or renounce an inheritance within strict deadlines and manage estate debts safely, including acceptance with the benefit of inventory. - You want to reduce risk of family disputes by using clear structures and complete documentation. - You need guidance on inheritance and gift tax, exemptions, and timing of filings. - You must register real estate transfers and inheritance acceptance with the Hellenic Cadastre and ensure clean title. - There is a dispute among heirs about the validity of a will, the calculation of reserved shares, or the valuation of property.

Local Laws Overview

- Testamentary freedom and reserved shares: Greek law protects certain close relatives with a reserved share that cannot be infringed. As a rule of thumb, descendants and the surviving spouse have a claim to a portion of the estate even if a will says otherwise. The reserved share is calculated as a fraction of the intestate share. Planning has to respect these limits or anticipate possible clawback actions. - Intestate succession: If there is no valid will, the estate passes by law to heirs in a fixed order. First come descendants together with the surviving spouse, followed by parents and siblings, then more distant relatives. The surviving spouse participates with a statutory share that varies depending on which relatives exist. - Types of wills: Common forms are the holographic will written entirely by hand, dated, and signed by the testator, the public will received by a notary in the presence of witnesses, and the secret will drafted by the testator and deposited with a notary. Formalities are strict, so professional oversight is recommended. - Publication and search of wills: After death, wills are searched and published through the notarial system and the competent court. Notaries can search national and connected European registers to locate a will. - Acceptance or renunciation of inheritance: Heirs generally have 4 months from learning of the inheritance to accept or renounce, extended to 1 year in cases involving residence abroad. Acceptance can be pure or with the benefit of inventory to limit liability to estate assets. Renunciation is declared at the Secretariat of the Court of First Instance for the decedent’s last domicile. - Debts of the estate: A pure acceptance exposes the heir to estate debts. Acceptance with the benefit of inventory and prudent estate administration can protect heirs from personal exposure beyond estate assets. - Real estate formalities: Ownership passes by law on death, but heirs must execute a notarial deed of acceptance of inheritance and register it at the Hellenic Cadastre for real estate in Arta. Prior title checks and tax clearances are essential. - Gifts and parental grants: Lifetime transfers, including parental gifts of bare ownership with reservation of usufruct, are common planning tools. Prior lifetime transfers can be brought to account when calculating reserved shares. - Inheritance and gift tax: Greece imposes inheritance and gift tax with rates and allowances that depend on kinship. Filing deadlines are strict, and valuations for real estate follow objective values or appraisals per tax rules. Always verify current thresholds and rates with the local tax office. - EU Succession Regulation: For deaths on or after 17 August 2015, the law applicable to succession is typically that of the decedent’s last habitual residence, unless a valid choice of the law of nationality was made. This can significantly impact reserved shares and administration. Coordination is crucial if you have property or family ties in more than one country. - Incapacity planning: Greek law allows powers of attorney for financial and property matters. Court-ordered judicial support measures can be set up for adults lacking capacity. Formal statutory living wills are not broadly recognized, so medical decision planning should be addressed with careful powers of attorney and family instructions.

Frequently Asked Questions

What documents should I gather to start estate planning in Arta

Collect identification documents, family status certificates, marriage and birth certificates, tax numbers, recent property deeds and cadastral extracts, bank and investment statements, business corporate documents, prior wills or gift deeds, and any life insurance information. Your lawyer and notary will use these to verify title, kinship, and tax positions.

Can I leave all my property to my spouse and exclude my children

Greek law protects descendants and the surviving spouse with a reserved share. You cannot freely disinherit them without a legally valid ground. A will can distribute the disposable portion, and planning tools such as gifts with usufruct, life insurance, and obligations in favor of the spouse can improve outcomes, but the reserved shares must be respected.

What types of wills are valid in Greece

The most common are the holographic will handwritten, dated, and signed by the testator, the public will executed before a notary with witnesses, and the secret will deposited with a notary. The choice depends on your needs for privacy, complexity, and evidentiary certainty. Errors in form can invalidate a will, so legal guidance is important.

How do I transfer my home to my children and keep the right to live there

Many families use a notarial deed transferring bare ownership to children while the parent retains a lifetime usufruct epikarpia. This secures the right to use and collect income while streamlining succession later. Tax, valuation, and reserved share implications must be reviewed first.

I live abroad but own property in Arta. Which law will govern my estate

Under the EU Succession Regulation, the default is the law of your last habitual residence unless you make a valid choice of the law of your nationality in a will. This choice can simplify administration and align outcomes with your expectations. Cross-border planning should coordinate with advisors in every relevant jurisdiction.

What is the deadline to accept or renounce an inheritance

Heirs typically have 4 months from the date they learned of their status as heirs, extended to 1 year if the deceased or the heir resided abroad. Missing deadlines can have serious consequences, including deemed acceptance. File renunciations with the Secretariat of the Court of First Instance and keep proof of filing.

Will I be liable for the deceased’s debts

If you accept purely, you can become personally liable. Acceptance with the benefit of inventory confines liability to estate assets if you follow the statutory process and deadlines. Ask a lawyer to set up the inventory and manage notices to creditors.

Is there probate in Greece like in common law countries

Greece does not have a single court-driven probate process. Instead, wills are published, and heirs complete acceptance of inheritance by notarial deed, settle taxes, and register real estate. Disputes or challenges go to court if needed. A notary and lawyer coordinate most steps.

How is inheritance taxed

Inheritance tax is assessed per beneficiary, with allowances and progressive rates based on kinship. Real estate values usually follow objective values or appraisals. Returns are due within statutory deadlines that can differ for residents and non-residents. Confirm the latest brackets and payment options with the tax authority before signing deeds.

What happens if there is no will

Intestate rules apply. The estate is allocated by law among relatives in a fixed order together with the surviving spouse. A notary prepares the acceptance deed, taxes are settled, and property is registered in the heirs’ names. Planning can still help by documenting family status and avoiding conflicts over valuations and management.

Additional Resources

- Court of First Instance of Arta - Secretariat: For inheritance renunciations, publication of wills, and certified copies of court records. - Hellenic Cadastre - Arta Cadastral Office: For cadastral extracts, registrations, and property maps related to real estate in Arta. - Independent Authority for Public Revenue AADE - Arta Tax Office: For inheritance and gift tax declarations, valuations, and payment plans. - Municipality of Arta - Registry Office: For death certificates, family status certificates, and civil registry records needed for succession. - Panhellenic Notarial Association and local notaries in Arta: For drafting wills, gift deeds, and acceptance of inheritance deeds, and for will registry searches. - Arta Bar Association: For referrals to lawyers experienced in estate planning and inheritance law. - Citizens Service Centers KEP in Arta: For guidance on obtaining certificates and submitting certain administrative applications.

Next Steps

- Map your family and assets: List heirs, marital status, prior gifts, and all assets, including any property or accounts outside Greece. - Clarify cross-border issues: Note your nationality, residence history, and where assets are located. Decide whether to choose the law of your nationality in your will. - Speak with a local lawyer and a notary in Arta: Confirm reserved shares, title status, tax exposure, and the best instruments for your goals. - Choose your instruments: Consider a will, targeted lifetime gifts such as parental gifts with usufruct, and powers of attorney for financial matters. Coordinate beneficiary designations on insurance and accounts. - Prepare documents and valuations: Obtain civil registry certificates, property deeds, cadastral data, and updated valuations to avoid delays and tax issues. - Execute and store safely: Sign before a notary, ensure witnesses where required, and arrange secure custody and registry entries. Tell your executors or trusted persons how to locate documents. - Plan for administration: Leave clear instructions for paying taxes, settling debts, and registering real estate. Identify who will handle filings at the court, tax office, and cadastre. - Review regularly: Revisit your plan after major life changes, legal reforms, or significant transactions to keep it effective and compliant.

This guide is general information. For advice tailored to your situation in Arta, consult a qualified lawyer and a local notary.