Best Will & Testament Lawyers in Arta

About Will & Testament Law in Arta, Greece

In Arta, Greece, wills and succession are governed by the Greek Civil Code and related procedural and tax rules. The law sets formal ways to make a will, defines who can inherit, and protects certain close relatives through a reserved portion known as forced heirship. If a person dies leaving a will, it must be published by the competent court or notary before it can be used. If there is no will, the estate passes under intestacy rules. Because Arta is within Greece, local courts and notaries in Arta handle publications of wills, acceptance or renunciation of inheritance, and probate formalities for property located in the region.

Greece also applies the EU Succession Regulation for cross-border estates within the European Union. This affects which country’s law governs the succession and how heirs prove their rights. If the deceased or the heirs had ties to another country, it is important to plan and administer the estate with these rules in mind.

Why You May Need a Lawyer

You may need a lawyer in Arta for several reasons. Common situations include drafting a will that meets Greek formalities, coordinating with a notary for a public or secret will, and making sure your wishes comply with Greece’s forced heirship rules. A lawyer can help when you want to provide for a partner or a charity, when you own real estate or a business in Greece, or when you wish to choose the law of your nationality under the EU rules for a cross-border plan.

After a death, a lawyer can identify and publish any will, obtain the necessary court certificates, advise on acceptance with benefit of inventory to limit liability for debts, meet strict deadlines for renunciation, and file inheritance tax declarations. If disputes arise over the validity of a will or the reserved share of a protected heir, counsel can represent you before the courts in Arta. For property transfers, a lawyer coordinates with the notary and the Hellenic Cadastre so that titles are updated correctly.

Local Laws Overview

Recognized wills in Greece include holographic wills written and signed by the testator, public wills signed before a notary with witnesses, and secret wills deposited with a notary. Each form has specific formalities. For example, a holographic will must be entirely handwritten, dated, and signed by the testator. Notarial wills are prepared in Greek with the assistance of a notary and witnesses, and translators can be used when needed.

Forced heirship applies. Certain close relatives are protected heirs who must receive at least a minimum share known as the reserved portion. Generally, descendants, the surviving spouse, and in some cases parents, are protected. You may reduce but cannot eliminate these shares without a valid legal reason. Any will that violates the reserved portion can be challenged in court to protect the forced share.

Publication of a will is required before it has effect. Holographic wills are delivered to the Magistrate Court of Arta for publication. Notarial wills are published by the notary and notified to the competent court. Heirs need court and municipal certificates to prove their status, such as the certificate of closest relatives, the certificate of will publication and non-revocation, and in some cases a certificate stating that no other will has been published.

Heirs must decide whether to accept or renounce the inheritance within strict deadlines. Greek law provides a short period, commonly four months from learning of the succession, which can be extended if the heir or the deceased lived abroad. Acceptance with benefit of inventory may limit liability to the net estate. Missing a deadline can have serious consequences, so seek advice promptly.

For cross-border estates, the EU Succession Regulation generally applies the law of the deceased’s habitual residence. A person can choose the law of their nationality to govern the whole estate. This is a powerful planning tool but must be used with care because Greek public policy protections may still affect Greek assets.

Inheritance tax is assessed under Greek tax law. Rates and allowances depend on the relationship to the deceased and the value of the assets. A declaration is typically due within months after death or after learning about the succession, with longer deadlines for those abroad. Payments and clearances are handled through the Independent Authority for Public Revenue and the local tax office. Real estate transfers require a notary deed and registration with the Hellenic Cadastre and any local Land Registry covering Arta.

Frequently Asked Questions

What types of wills does Greek law recognize?

Greek law recognizes holographic wills that are fully handwritten, dated, and signed by the testator, public wills executed before a notary with witnesses, and secret wills delivered sealed to a notary with witnesses. Each type has strict formalities. A typed or partly typed holographic will is not valid.

Can I write my will in English or another language?

A holographic will can be written in another language if you have full capacity and the meaning is clear. For notarial wills in Arta, the official language is Greek, but a sworn interpreter can assist and an official translation can be attached so that you fully understand and approve the terms.

Who are protected heirs in Greece?

Protected heirs typically include descendants and the surviving spouse, and in some cases parents if there are no descendants. They are entitled to a reserved portion that cannot be taken away without a serious legal reason. A will must respect these minimum shares or it risks being reduced by the court.

What happens if there is no will?

If there is no will, the estate is distributed according to intestacy rules. Heirs are grouped in classes that include descendants, parents and siblings, more distant relatives, and the spouse. The surviving spouse shares with other heirs according to the class involved. If there are no relatives in the statutory classes, the Greek State may inherit.

How do I check if a will exists in Arta?

Contact a local lawyer or notary to search for notarial wills and to petition the Magistrate Court of Arta for publication of any holographic will. The court issues certificates of will publication and non-revocation. You may also obtain a certificate indicating whether a will has been published in the relevant courts tied to the deceased’s last residence.

What are the deadlines to accept or renounce an inheritance?

Deadlines are short. In general, an heir has four months from when they learn about the death and their status as heir to renounce or to opt for acceptance with benefit of inventory. If the deceased or the heir was abroad, a longer period usually applies. Ask a lawyer to calculate your exact deadline and to file within time at the Magistrate Court of Arta.

What if the deceased had debts?

Heirs can accept with benefit of inventory, which limits liability to the net value of the estate. This requires a timely declaration and a formal inventory. If you do nothing and the deadline passes, you may be treated as having accepted, and personal liability for debts can arise. Get advice quickly if debts are suspected.

Can I disinherit a child or spouse?

Greek law protects children and the surviving spouse through the reserved portion. You can reduce gifts to them only within the limits of the law or if a serious legal cause applies, such as severe misconduct proven under the Civil Code. Disinheritance clauses that violate the reserved portion can be challenged.

How is real estate in Arta transferred to heirs?

After will publication and tax clearance, a notary drafts an acceptance of inheritance deed or transfer deed. The deed is then registered with the Hellenic Cadastre and any local Land Registry that covers Arta. Accurate property descriptions, cadastral codes, and certificates from the municipality and tax authorities are required.

How do EU rules affect foreign nationals with assets in Greece?

The EU Succession Regulation generally applies the law of the country of the deceased’s habitual residence to the whole estate, including Greek assets. You can choose the law of your nationality in your will. This can help align outcomes across countries. However, Greek public policy protections may still affect Greek assets, so plan with a lawyer who understands cross-border estates.

Additional Resources

Magistrate Court of Arta - for publication of wills, renunciations, and benefit of inventory declarations.

Single-Member Court of First Instance of Arta - for probate disputes and succession proceedings.

Notaries in Arta and the Hellenic Notary community - for public and secret wills and inheritance deeds.

Bar Association of Arta - for referrals to local lawyers experienced in wills and succession.

Municipality of Arta - Civil Registry for certificates of closest relatives and related records.

Independent Authority for Public Revenue - AADE - for inheritance tax declarations and clearances through the local tax office.

Hellenic Cadastre and local Land Registry covering Arta - for registration of inherited real estate.

Citizens Service Centers - KEP - for guidance on obtaining certificates and submitting applications.

Next Steps

Step 1 - Identify your goal. If you are planning your estate, decide what you want to achieve and who you wish to benefit. If you are administering an estate, gather basic facts about the death, the assets, and possible heirs.

Step 2 - Collect documents. Common items include identification documents, death certificate, marriage and birth certificates, property titles, bank information, prior wills, and any notarial records.

Step 3 - Speak with a local lawyer in Arta. Ask about forced heirship limits, the best will format for your situation, and any cross-border law choices. If administering an estate, ask about deadlines for renunciation or benefit of inventory.

Step 4 - Coordinate with a notary. For will drafting, a notary will ensure formalities. For estates, the notary prepares the acceptance of inheritance deed and guides registration with the Cadastre.

Step 5 - Publish or search for the will. File the holographic will for publication at the Magistrate Court of Arta or request the notary to publish a notarial will. Obtain certificates of publication and non-revocation.

Step 6 - Manage taxes and certificates. File the inheritance tax declaration with AADE within the applicable deadline. Obtain the certificate of closest relatives from the Municipality of Arta and any required court certificates.

Step 7 - Transfer assets. Execute the notarial deed for real estate and register it at the Hellenic Cadastre and any local Land Registry. Notify banks and other institutions with the required court and tax documents.

Step 8 - Address disputes early. If issues arise about the validity of a will or reserved shares, seek court guidance without delay to avoid missed deadlines and to protect rights.

Step 9 - Keep records. Maintain copies of all court certificates, tax filings, notarial deeds, and registration receipts for future reference.

Step 10 - Review and update plans. If you are planning your own estate, review your will after major life events such as marriage, divorce, births, deaths, and purchases or sales of property in Arta or abroad.