Certificate of Inheritance: What It Is and When It Is Needed

07 Feb Certificate of Inheritance: What It Is and When It Is Needed

What Is the Certificate of Inheritance?

The certificate of inheritance is an official document issued by the competent court, certifying the rights of heirs, legatees, trust beneficiaries, or executors of a will over the inherited estate. It serves as a crucial legal tool for proving inheritance succession and facilitates transactions of beneficiaries with third parties, such as banks, public authorities, and other institutions.

Legal Framework

According to Articles 1956 to 1966 of the Greek Civil Code and Articles 819 to 824 of the Greek Code of Civil Procedure, the certificate of inheritance is granted through a lawyer’s act, a member of the bar association in the jurisdiction of the inheritance court, following an application submitted to the competent court. This is the court of inheritance, which corresponds to the last residence or domicile of the deceased. The procedure falls under voluntary jurisdiction and is governed by specific provisions.

Requirements for Issuance

To obtain a certificate of inheritance, an application must be submitted by an interested party, who may be an heir, a trust beneficiary, a legatee, or an executor of a will. The application must include:

• The personal details of the applicant and the deceased.
• The date of death of the deceased.
• The legal basis of the inheritance right (will or intestate succession).
• A declaration stating that no other persons exclude or limit the applicant’s inheritance rights.
• Information regarding any existing wills or pending legal disputes related to the inheritance.

Required Documents

• Death certificate of the deceased.
• Certificate of closest relatives.
• Certificate confirming the absence of a published will.
• Certificate confirming that the applicant has not renounced the inheritance.
• Certificate confirming the absence of inheritance disputes.
• If a will exists, a record of its publication is also required.

Issuance Procedure

Issuance of the Certificate of Inheritance by a Lawyer

The certificate of inheritance is issued through a lawyer’s act, a member of the bar association in the jurisdiction of the competent court of inheritance. The application is submitted by the heir, trust beneficiary, legatee, or executor of the will to the court of inheritance and is posted in a designated area at the court premises for ten (10) days. The application must be signed by a legal representative and accompanied by the relevant fee and advance compensation receipt.

Selection of a Lawyer

The lawyer is selected from a list compiled by the bar association and forwarded to the court registry at the beginning of each judicial year. The court clerk assigns the case to a lawyer based on the order of the list at the time of application submission. The assigned lawyer is notified by the court registry and receives the application and accompanying documents after the ten-day posting period. If the lawyer refuses or is unable to issue the certificate within thirty (30) days, the next lawyer in the list is assigned the case.

Third-Party Interventions

If a third party files an intervention within the ten-day posting period, the court sets a hearing date to resolve the dispute before issuing a ruling. The intervention suspends the validity of the lawyer’s act and the issuance of the certificate.

Issuance and Delivery of the Certificate of Inheritance

The certificate is issued by the court clerk of the court where the application was filed and is handed to the applicant upon receipt. This receipt is kept in the court’s records. If the certificate is issued following a court ruling after an appeal, the certificate is prepared by the clerk of the first-instance court, who receives a copy of the decision without delay.

Contents of the Certificate of Inheritance Decision

The lawyer’s act and the decision of the inheritance court must include:

• • The full name of the deceased.
  • The full names of the heirs, trust beneficiaries, or legatees receiving the inheritance.
  • The inheritance shares of each recipient or the specific assets they are entitled to.
  • Any conditions or restrictions on the inheritance, trust, or bequest, including any burdens on the inheritance for trusts or bequests.
  • The full names of the executors of the will and the powers granted to them by the will.

If the certificate is issued to an executor of a will, the lawyer’s act or court decision must only include:

• • • The full name of the deceased.
    • The full name of the executor and the powers granted to them by the will.

Importance of the Certificate of Inheritance

The certificate of inheritance is an essential document for:

• Property Transfers: Facilitates the registration of real estate in the heirs’ names at the competent land registries or cadastral offices.
• Bank Account Management: Allows beneficiaries to access the deceased’s bank accounts and deposits.
• Settlement of the Deceased’s Liabilities: Enables heirs to settle tax and insurance obligations of the deceased.
• Management of Shares and Business Interests: Used for transferring corporate rights or shares.

Legal Assistance for Certificate of Inheritance Issuance

The issuance of a certificate of inheritance is a significant process that ensures the legal transfer of inherited property. If you need assistance with this procedure, the law firm Karpouzis – Lianou & Associates provides specialized legal services in inheritance law. Contact us for personalized legal advice and information regarding your rights and options.