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at a glance
Greek Inheritance
Acceptance of inheritance (Apodohi Klironomias) is the process of transferring property to the surviving family members or legal heirs.
If the inheritance includes real estate property, the legal heirs will need to execute an Acceptance of Inheritance Deed in front of a Greek Notary Public. An inheritance Tax Statement must also be filed, together with a series of other certificates. The Greek Estate has to be probated in the Athens Magistrate Court. All the above procedures can be implemented through a Limited Power of Attorney, without your presence in Greece being necessary.
We will assist you to claim your Greek inheritance. We are ready to handle the most complicated matters and bring you satisfactory resolution.
Acceptance of Inheritance
Acceptance of Inheritance requires the procurement of a number of documents and certificates, including Title Deeds, Close Family Certificate that verifies the deceased surviving family members, Court Order of a probated Will and certificate and Payment of Tax certificates.
Your attorney will procure the documents and certificates, draft Power of Attorney, necessary affidavits, the Acceptance of Inheritance Deed, draft writs and applications and represent you in front of the competent Magistrates’ Court, the Greek Tax Authorities, register the Deeds with the Land Registries and do everything necessary to protect and transfer your inheritance under your name.
Inheritance Taxation
Greek Law has ranked the heirs in categories depending on their kinship with the deceased. Different tax scales apply for each category providing also a tax free amount and a progressive tax scale, depending on the value of the inherited property. A number of relatives are included in each category/scale.
More specifically:
First category – Parents, children, grandchildren, spouse, etc (Progressive tax scale taxation from 0% to 10%);
Second category – Grandparents, great grandchildren, brothers, sisters and parents in law, etc (Progressive tax scale taxation from 0% to 20%);
Third category – Any other relative who is not included in the above categories or any other third party (Progressive tax scale taxation from 0% to 40%).
Intestate succession
Intestate succession determines the heirs and their right to the inheritance, when and if a Will is not executed for a property in Greece. Under Greek Law the order of intestate succession calls for the following classes:
- Spouse and children
- Spouse, parents and brothers /sisters
- Spouse, grandparents, their children and grandchildren
- Spouse and great grand-parents
- Spouse
- The State
If a class of heirs accepts the inheritance, it excludes the following class. If a whole class disclaims or forfeits the inheritance, the next class is called. There is a strict deadline for disclaiming an inheritance under Greek law. Because of the tax and legal obligations of accepting or disclaiming an inheritance it is recommended that you discuss the particulars of your case with an experienced lawyer.
Minimum Forced Inheritance Share
“νόμιμη μοίρα” or “minimum forced inheritance share”
In Greece the freedom each person enjoys regarding the disposition of his/her estate is subject to significant restrictions regarding certain family members, such as his or her children, spouse and parents. According to the applicable Greek laws, a part of each decedent’s estate must be distributed to the above relatives. This part is called “nomimi moira” or “minimum forced inheritance share” in Greece and equals half of the inheritance share each of the above relatives would be entitled to, had the deceased died intestate. The minimum forced inheritance share right in Greece only exists when those entitled to it would inherit, if no will existed. A will that does not provide for the minimum force inheritance will be null and void as for that portion. This is an absolute nullity that can be raised by anyone and can even be examined sua sponte by the Court.
Terminology
Αποδοχή Κληρονομιάς (apodohi klironomias): Acceptance of Inheritance
Κληρονομιάς (klironomias): Inheritance
Συμβολαιογράφος (simvoleografos): Greek notary public
Υποθηκοφυλακείο (Ypothikofylakeio): Land Registry
Κτηματολόγιο (ktimatologio): Land Registry Bureau
Συμβόλαια ιδιοκτησίας (simvolea idioktisias): property aquisition agreement
Τίτλος ιδιοκτησίας (titlos idioktisias): Deed
Πιστοποιητικό πλησιέστερων συγγενών (pistopiitiko plisiesteron sigenon): certificate of closest relatives
Φόρος κληρονομίας (foros klironomias): inheritance tax
Φόρος ακίνητης περιουσίας (foros akinitis periousias): property taxes
Πιστοποιητικό ΕΝΦΙΑ (pistopoiitiko ENFIA): property tax clearance certificate
Γονική Παροχή (Goniki Parohi): Greek parental gifts
Νόμιμη μοίρα (nomimi moira): “forced share” inheritance right by law
Διαθήκη (diathiki): Will
Χρησικτησία (chrisiktisia): adverse possession
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at a glance
Greek Inheritances
Acceptance of inheritance (Apodohi Klironomias) is the process of transferring property to the surviving family members or legal heirs. Greek Inheritance Law does not provide a specific deadline for accepting an inheritance.
If the inheritance includes real estate property, the legal heirs will need to execute an Acceptance of Inheritance Deed in front of a Greek Notary Public. An inheritance Tax Statement must also be filed, together with a series of other certificates. The Greek Estate has to be probated in the Athens Magistrate Court. All the above procedures can be implemented through a Limited Power of Attorney, without your presence in Greece being necessary.
We will assist you to claim your Greek inheritance. We are ready to handle the most complicated matters and bring you satisfactory resolution.