What to do to inherit in Greece

You do not live in Greece and you learn that you are entitled to an inheritance in this country. What are the steps you need to take to claim your share?

The first thing to do is to get advice from a lawyer in Greece, so you are informed about your rights and how to exercise them. You will find out whether you inherit the entire estate or a share of it. You will also learn what information and documents are required from your end, so that the part of the inheritance you are entitled to becomes your property.

The lawyer in Greece will ask you about the next of kin of the deceased. Under Greek inheritance law it is vital to establish who the close blood relatives are, their names (first and last name, and their father's and mother's names if you know them) and their exact relationship to the deceased.

Another important question is whether the deceased left a will. If there is a will, we must know whether it was drawn up in Greece or in another country. We must also find out whether the will is held by a notary or an attorney, or whether it is a so-called holographic (handwritten) will kept by a relative or a friend, or simply found in the deceased's home or elsewhere.

If a will exists, it will normally have to be probated. If it was drawn up outside Greece, it must first be probated in the country where it was made and then also in Greece.

If there is no will, intestate succession applies and we work with the next of kin. Depending on whether the deceased had Greek citizenship, we will find out who inherits without a will.

The heir must also know where the deceased passed away, so that we can obtain the death certificate. If he or she does not know, the lawyer will help.

A matter of great importance is the number and type of assets in the estate, where they are located, and whether the heir has any deeds for real estate or other information such as bank account numbers.

If the heir does not have much information, the lawyer will search for assets, but the heir must give at least some clues, especially about the area or areas of Greece where assets may be located. If we know where the properties are, even without deeds or other documents describing the titles, everything can be found at the local land registry, as long as we know the first name, last name and preferably the father's name of the deceased. All legal and commercial deeds in Greece record not only the first and last names but also the parents' names of the people involved.

Sometimes the title search must be made not in the name of the deceased but in the name of his or her parents, or even uncles, aunts or other relatives, where title never officially passed to the deceased. In that case there is a double or even triple succession, for example from a grandmother to her son (the deceased) and then to the son's spouse and children, who are now the heirs.

Under Greek law, apart from the death certificate, which if issued abroad is obtained from the country of issue, translated and registered in Greece, we must also obtain a certificate of next of kin from a Greek municipality. This is issued only if the deceased had Greek citizenship and we know where in Greece he or she was registered. The same applies if the deceased held Greek and another citizenship.

To issue the certificate of next of kin, two witnesses must sign an affidavit stating the names of the close blood relatives. One of the witnesses can be one of the heirs.

If the deceased was not a Greek citizen, a legal opinion must be obtained from a lawyer or jurist of the country of the deceased's citizenship on that country's inheritance laws, particularly if there is no will.

Once the type and number of assets, the next of kin and the inheritance shares are established, the lawyer drafts the documents to declare the estate to the tax office, unless the deceased died before 1995, in which case the heirs pay no inheritance tax at all, whatever the value of the estate.

Finally, the heirs, in person or through their attorney, sign the deed of acceptance of inheritance before a notary, which is then registered with the local land registry, so that the real estate becomes the heirs' property. If the heirs cannot stay in Greece for the weeks or months needed to complete the paperwork, they sign a power of attorney authorising their lawyer to sign everything as if they were present.

If the estate includes bank accounts, instead of a notarial deed the heirs may need a court certificate of inheritance (klironomitirio) ordering the bank to release the balance to them.