APPLICABLE LAW
According to the Greek Civil Code and the provisions of private international law it establishes, the nationality of the deceased at the time of his death determines the national law applicable to matters of succession, as well as the potential heirs and their respective shares.
If the deceased held multiple nationalities, Greek nationality prevails. Where the deceased did not possess Greek nationality, the law of the State with which the deceased had the closest connection shall apply. In the absence of any nationality, the law of the habitual residence, and failing that, the law of the actual residence, governs the succession.
Pursuant to Articles 21 and 22 of Regulation (EU) No. 650/2012, applicable in all Member States of the European Union, for the succession of persons deceased since 17 August 2015, the law governing the succession as a whole is that of the State in which the deceased had his habitual residence at the time of death. Moreover, any person may designate as the law applicable to his inheritance the law of the State whose nationality they possess either at the time of that choice is made or at the time of death.
COMPOSITION OF THE ESTATE
The estate comprises both the assets and liabilities forming part of the deceased’s patrimony, including all movable and immovable property, as well as all debts and obligations (private debts, taxes due to the State, social security contributions, loans, etc.).
PROVISIONS OF GREEK SUCCESSION LAW
Modes of Succession and Types of Will
Under Greek succession law, there are two modes of succession:
- INTESTATE SUCCESSION
- a. Succession ab intestat
This applies in the absence of a will made by the deceased and concerns the surviving spouse as well as the deceased’s relatives.
When a person dies without having left a will (ab intestat), certain members of his family become heirs according to their degree of kinship and acquire co-ownership of the estate (community of heirs).
Heirs are classified in a system of orders of succession, also referred to as “classes”, according to their proximity to the deceased, with each class excluding the following one. In the case of intestate succession, the descendants of the deceased are called first to inherit. Within the same class, the closest relative excludes the more distant one. If a descendant predeceases the deceased, that descendant’s own descendants are called to inherit in his place. When no relatives exist within a given class, succession passes to the next class.
Greek succession law establishes six orders of heirs, as follows:
- 1st class: The deceased’s children and the descendants of any predeceased child, in equal shares.
- 2nd class: The deceased’s parents, brothers and sisters, as well as the descendants of any predeceased sibling.
- 3rd class: The deceased’s grandparents, or, if they have predeceased, their children (uncles and aunts) or grandchildren (first cousins).
- 4th class: The deceased’s great-grandparents.
- 5th class: The surviving spouse inherits together with the first four classes.
- 6th class: The Hellenic State.
- b. Forced heirship (hereditary reserve)
This also constitutes a statutory mode of succession under Greek law. In principle, a testator may freely dispose of his property by will. However, Greek inheritance law protects a limited category of close relatives, known as forced heirs, who cannot be completely excluded from the succession.
Under the Greek Civil Code, the following persons are entitled to a hereditary reserve: the surviving spouse, the children of the deceased, and, in the absence of children, the parents of the deceased.
- TESTAMENTARY SUCCESSION
There are three types of wills recognised under Greek law:
- The holographic will. This type of will must be entirely handwritten by the testator, in his own language. It must be dated and signed by the testator and requires no further legal formalities. The testator may entrust the will to an attorney, a notary public, or any other trusted person for safekeeping.
- The public will. In this case, the testator dictates orally his last will before a notary public, in the presence of either three witnesses or one witness and a second notary. The witnesses must not be related to the testator by family ties, nor may they benefit under the will.
- The secret will. This type of will may be handwritten or typed, either by the testator or by another person, and must be signed by the testator. The testator delivers the sealed will to a notary public, in the presence of three witnesses (or one witness and a second notary), and declares orally that the sealed document contains his final will.
Procedure for the Publication of a Will
As of 1st November 2025, and for deaths occurring on or after that date, the publication of all types of wills in Greece shall fall exclusively within the competence of Greek notaries public. Notaries public will be responsible for drafting and registering the official record of publication of the will on the new online platform of the Greek Register of Wills. For deaths occurring prior to that date, a temporary jurisdiction of the Courts of First Instance is maintained until September 2026 for the purpose of publishing wills.
PROCEDURE FOR ESTABLISHING THE HEIR’S SUCCESSION RIGHTS
PRELIMINARY MEASURES
Before any declaration of acceptance or renunciation of an inheritance, certain steps must be carried out in Greece.
- Verification of the existence of a will
The law firm which will be handling the inheritance will search for a will, with the deceased’s personal identification details – particularly the full name, the exact date of death, and the location of his last residence – to determine whether a declaration or will had been deposited prior to death.
If a will is registered, the notary in possession of it is notified and proceeds with its official publication, which is then entered into the Register of Wills.
However, for deaths occurring before that date, the search for a possible will is carried out through the registry of the competent Court of First Instance. If a will is located, it must be published by the territorially competent Court of First Instance.
- Identification of potential heirs
The establishment of a complete family tree and the verification of the civil status of the deceased are essential for determining the persons entitled to inherit and for assessing each heir’s share according to their degree of kinship.
In the case of a deceased of Greek nationality, cooperation with the Civil Registry Department of the competent municipality is required, in order to consult the family register of the deceased, which lists all registered family members.
Proof of each heir’s right of succession is further evidenced by a document known as the Certificate of Closest Relatives (Next of Kin Certificate), issued by the municipality where the deceased was registered, provided that the applicant relative is also recorded in the same family register.
For deceased persons of foreign nationality who owned property located within Greek territory, the proof of heirship generally derives from civil status certificates, notarial deeds, or judicial decisions issued in the deceased’s country of nationality.
- Identification of the estate assets
To identify the immovable property forming part of the estate, a search must be conducted in the electronic database of the Hellenic Cadastre, or, where applicable, in the competent Land Registry (Mortgage Office) depending on the precise location of the property. This search may be carried out using the title deed of the property, or, if unavailable, by means of the full name and personal details of the deceased (including the names of his or her parents). It also enables verification of the legal status of the property (ownership, encumbrances, real rights, titles, etc.) and may be extended to persons included in the deceased’s family tree, in order to determine whether any of the heirs has already accepted his own share.
The exact location of the property (city, municipality, cadastral district) may be decisive in identifying the competent land registration office, especially given that the Hellenic Cadastre, currently in the process of completion, is not yet fully operational throughout the Greek territory.
ACCEPTANCE OF THE INHERITANCE
The final step in establishing an heir’s succession rights consists in accepting the inheritance by signing the corresponding declaration of acceptance, drafted by the heir’s attorney-at-law. This declaration is filed with the registry of the competent Court of First Instance in order to acquire the form of a public instrument, as required by law. Where the inheritance includes immovable property, the attorney subsequently proceeds with the registration of the deed of acceptance with the Hellenic Cadastre or the competent Land Registry, thereby constituting the heir’s definitive title of ownership.
Acceptance of the inheritance constitutes a mandatory prerequisite for any subsequent sale, donation, or transfer of the inherited property.
Before the declaration of acceptance is drafted by the attorney handling the case, several administrative formalities must be completed and supporting documents collected to enable the full preparation of the succession file.
- Power of Attorney and legal representation
Given that succession proceedings now fall exclusively within the competence of attorneys-at-law, it is strongly recommended that each heir – whether residing in Greece or abroad – grant a power of attorney to an attorney, authorising him to carry out, on the heir’s behalf, all formalities before the competent authorities, including the preparation and filing of the declaration of acceptance of inheritance.
- Collection of documents required for the preparation of the declaration
Several documents and certificates must be gathered for the preparation of the succession file. These typically include the death certificate, a copy of any existing will, accompanied by the official record of its publication, the Next of Kin certificate, as well as the title deeds of the deceased or of his predecessors in title. It is also necessary to produce certificates confirming that no will has been published, and no challenge has been lodged against the heir’s succession rights.
- Tax obligations and declaration of inheritance tax
In Greece, no act relating to the transfer or conveyance of inherited immovable property may be executed without the prior issuance of a tax clearance certificate, confirming that inheritance tax has been fully paid or that the estate is exempt from taxation. Thus, before any transaction involving the inherited property – particularly before signing the declaration of acceptance – an inheritance tax return must be filed with the Greek tax authorities within the period prescribed by the tax legislation in force.
To file this declaration, each heir must hold a Greek Tax Identification Number (A.F.M. in Greek). Heirs residing abroad are further required to appoint a tax representative residing in Greece, authorised to receive official notifications and ensure communication with the tax administration. The tax number of the deceased is likewise required for processing the succession file.
Once the inheritance tax return has been filed and the corresponding amount paid, the heir may proceed to sign the declaration of acceptance of the inheritance.
- Technical verification of immovable property
A licensed civil engineer must be appointed to inspect the inherited immovable property on site and verify whether any unauthorised constructions exist. In accordance with the provisions of L. 4178/2013 and the current L. 4495/2017, the engineer must issue a certificate confirming the absence of unauthorised structures, which must be submitted to the attorney handling the succession for inclusion in the deed of acceptance. This certificate is accompanied by the relevant topographical survey and floor plans.
Once all preliminary steps have been completed and the tax obligations settled, the appointed attorney prepares and files the declaration of acceptance of the inheritance before the competent court. Where the estate includes immovable property, the declaration is then registered with the Hellenic Cadastre.
IMPORTANT NOTE: Bank accounts of the deceased
Where the deceased held one or more bank accounts in Greece, the heir must comply with the specific procedures applied by each banking institution in order to be recognised as the beneficiary of the deceased’s accounts.
RENUNCIATION OF INHERITANCE
Under the Greek Civil Code, an heir who wishes to renounce an inheritance must do so by means of an official declaration drafted by his appointed attorney-at-law, which is then filed with the registry of the competent Court of First Instance in order to acquire the form of a public instrument, as required by law.
The time limit for exercising the right of renunciation is four months from the date of death or from the publication of the will, or from the day on which the heir became aware of his succession right as a result of the renunciation by other heirs of the preceding class.
Where the death occurred abroad, or the heir resides abroad, this time limit is extended to 12 months from the same date.
Once the declaration has been filed and registered, the renunciation becomes irrevocable, and the heir is deemed, under Greek law, never to have acquired the status of heir.
SPECIFIC PROVISIONS
Certificate of Inheritance and European Certificate of Succession
The issuance of a Certificate of Inheritance is envisaged in cases where a Next of Kin Certificate cannot be obtained and where an official document is required to confirm the right of succession and the respective share of each heir. The holder of such a certificate is deemed to possess the succession rights indicated therein.
Any transaction concluded between a person designated as heir in the certificate and a third party is considered valid and binding upon that third party, unless the third party had knowledge of the inaccuracy of the certificate or of its revocation by judicial decision.
Pursuant to Regulation (EU) No. 650/2012, applicable in all Member States of the European Union (apart from Denmark, Ireland and the United Kingdom), for the succession of persons deceased since 17 August 2015, a European Certificate of Succession has been established. This certificate enables heirs, legatees, executors of wills, and administrators of estates to prove their status and to exercise their rights or powers in another Member State of the Union.
Once issued by the competent authority, the European Certificate of Succession produces its effects in all EU Member States without the need for any further formality.
Challenge to a Will
Where a beneficiary of an estate has serious grounds to believe that
(a) a will has been forged or falsified, (b) it was signed under duress or under circumstances that unduly influenced the true intent of the testator, or
(c) the testator lacked legal capacity or mental competence at the time of its execution (for instance, persons under judicial assistance, deprived of general or specific capacity to make a will, or suffering from impaired consciousness or mental lucidity), he may contest the validity of the will.
Such a challenge is brought by filing a specific application before the competent Court of First Instance, in accordance with the provisions of Greek civil law.
A statutory prescription period applies to the exercise of this right, particularly in cases involving fraud, duress, or error affecting the testator’s intent.
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