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Probate in Elliniko follows Greek succession law, which is governed primarily by the Greek Civil Code and related tax and registration rules. Probate generally refers to the legal steps required to identify heirs, validate a will if one exists, settle the deceased person’s debts and taxes, and transfer assets such as bank accounts and real estate. In practice, probate matters in Elliniko may be handled by local notaries, courts and municipal offices in the greater Athens area, depending on the type and complexity of the estate.
Probate can be straightforward for small estates and clear wills, but many common situations create legal complexity and benefit from lawyer involvement. Reasons to hire a lawyer include:
- Disputes among heirs about the validity of a will, distribution of assets or reserved portions under forced heirship rules.
- Estates that include real estate, mortgages, businesses or property located in other countries.
- Unclear or missing documentation such as title deeds, tax clearances or the original will.
- Creditors making claims against the estate, or uncertainty about whether to accept or renounce the inheritance.
- Complex tax and registration matters including calculation and payment of inheritance tax, notary fees and transfer of property at the Ktimatologio - Hellenic Cadastre.
- Need to obtain provisional measures, such as protection of property or bank accounts, while succession is being determined.
Key legal features relevant to probate in Elliniko and Greece generally include the following:
- Types of wills: Greek law recognizes several forms of testamentary disposition, including handwritten (holographic) wills and public notarial wills. Formal requirements must be met for validity.
- Forced heirship - reserved portions: Certain close relatives, typically the spouse, children and sometimes parents, have protected rights to a reserved share of the estate. A valid will cannot entirely deprive these forced heirs of their statutory portion.
- Intestate succession: If there is no valid will, the Civil Code sets out an order of intestate heirs and how the estate is divided among them.
- Acceptance or renunciation of inheritance: Heirs may accept an inheritance outright, accept it under benefit of inventory to limit personal liability for debts to estate assets only, or renounce it altogether. Formal procedures and deadlines apply.
- Succession certificates and documentation: Heirs typically need a formal declaration of succession or equivalent notarial act to transfer title to bank accounts, property and other assets. Property transfers are recorded in the Hellenic Cadastre or local land registry.
- Taxes and fees: Inheritance tax, notary fees, court or registration fees and possible capital gains or transfer taxes can apply. Rates and exemptions depend on the relationship to the deceased and value of assets.
- Cross-border succession: Where the deceased owned assets in more than one country or was domiciled abroad, EU Succession Regulation or international private law rules may affect which law applies and whether foreign wills are recognized.
Probate means the legal process of settling a deceased person’s estate - confirming heirs, validating a will if present, paying debts and taxes, and transferring assets to heirs. The exact administrative steps can involve notaries, courts, tax offices and the land registry.
Typical first steps are to obtain the death certificate, locate the original will if any, gather key documents (IDs, marriage certificate, property deeds, bank statements), and contact a notary or lawyer. The notary or lawyer will advise whether a declaration of succession or other formal act is needed to clear title and distribute assets.
If there is no valid will, succession follows the intestacy rules of the Civil Code. Heirs are determined by statutory order - usually spouse and children first, then parents and more distant relatives. A formal declaration of heirs is generally required to transfer assets.
Yes. Under Greek law an heir may renounce an inheritance. Renunciation must be done formally, following the required procedure and within any applicable deadlines. Renouncing discharges the person from obligations related to the estate but also means losing any entitlement to assets.
Yes, heirs inherit both assets and liabilities. However, heirs can accept the inheritance under the benefit of inventory - a procedure that limits their personal liability to the value of estate assets. This is an important protection where the estate may be insolvent or unclear.
There is no fixed timeline. Straightforward successions with a clear will and limited assets can be resolved in a few months. Complex estates, disputes, cross-border issues or missing documentation can extend the process to a year or several years. Timely documentation and legal help speed things up.
Foreign wills can be recognized, but practical requirements - such as translation, authentication or compliance with EU Succession Regulation - may apply. Where the estate includes assets in multiple countries, the EU Succession Regulation may offer mechanisms like the European Certificate of Succession for cross-border recognition.
Potential costs include inheritance tax, notary fees, registration and cadastral fees, and legal fees. The amount and exemptions depend on the heir’s relationship to the deceased and the value of the assets. You should obtain an official tax calculation from the competent tax office or a lawyer for precise amounts.
Sale of estate property before final distribution usually requires agreement among all heirs or a proper legal authorization. If an heir is awarded a specific share, they may be able to sell their share subject to legal formalities. Legal advice is recommended to avoid conflicts and ensure correct title transfer.
Contests can be based on lack of testamentary capacity, improper formalities, undue influence or violation of forced heirship rules. There are time limits for bringing challenges. If a will is contested, seek an experienced succession lawyer immediately to assess grounds for contestation and initiate the appropriate court or notarial proceedings.
- Local notaries and the notarial practice in the Athens area for drafting and executing wills and succession deeds.
- Bar Association of Athens or the regional Bar Association for listings of qualified probate and succession lawyers.
- Hellenic Cadastre - for land and property registration and records.
- Local Tax Office (D.O.Y.) for inheritance tax information and required tax clearances.
- Citizen Service Centers (KEP) for help obtaining official documents and certificates.
- Ministry of Justice - for legal information and procedures related to succession and probate.
- Municipal offices and registry offices in Elliniko or the wider Attica region for local certificates and municipal records.
- If your case involves assets or heirs in other EU countries, information on the EU Succession Regulation and the European Certificate of Succession is relevant - consult a lawyer experienced in cross-border succession.
- Secure the death certificate and locate the original will, if any. Keep these documents safe.
- Gather identity documents, marriage certificate, birth certificates of heirs, property deeds and recent bank statements.
- Contact a local lawyer or notary experienced in succession law - particularly if you expect disputes, foreign elements, real estate or significant liabilities.
- Consider whether you should accept the inheritance outright or accept under benefit of inventory - ask your lawyer for guidance based on estate liabilities.
- Notify banks and relevant agencies of the death and freeze or safeguard assets as needed while legal steps proceed.
- Obtain tax clearances and calculate any inheritance tax and fees early so distribution can proceed without unexpected holds.
- If there are disputes or missing heirs, act promptly - there are procedural deadlines for contests and claims.
Probate can be administratively detailed and emotionally difficult. A local lawyer will help you understand deadlines, formalities and tax consequences specific to Elliniko and the wider Attica jurisdiction and can guide you to an orderly, lawful settlement of the estate.
