A certificate of inheritance is one of the most important documents in Greek inheritance law, particularly when the estate is not limited to a single asset, but includes real estate, bank accounts, corporate shares, securities, or where there are several heirs with differing interests.
In practice, many heirs assume that a death certificate, a certificate of next of kin, or a deed of acceptance of inheritance is sufficient. These documents are indeed important; however, they do not serve the same function as a certificate of inheritance. A certificate of inheritance is not simply another certificate. It is the document that certifies who appears as heir and what inheritance share corresponds to that person.
Its importance becomes even greater when the heir needs to deal with third parties: banks, notaries, public authorities, companies, asset management bodies or potential purchasers of real estate. In such cases, the critical question is not only whether someone claims to be an heir, but whether they can prove it in a clear, official and legally secure manner.
What the Certificate of Inheritance Proves
The certificate of inheritance certifies the inheritance right of the person named in it and the share corresponding to that person. Following the legislative amendments introduced by Law 5095/2024, the certificate of inheritance may be granted pursuant to a decision or act, while the procedure is now connected with an act issued by a lawyer, in accordance with the specific requirements of the Greek Code of Civil Procedure.
This means that the certificate of inheritance has particular evidentiary and transactional value. The person named in it as heir is presumed to hold the inheritance right stated in the certificate, subject to any limitations that may be recorded therein.
The practical consequence is significant: a third party who transacts with the person appearing in the certificate of inheritance as heir benefits from greater certainty as to that person’s inheritance status, unless the third party is aware of the inaccuracy of the certificate or of its judicial revocation.
Certificate of Inheritance and Banks
One of the most common areas where the need for a certificate of inheritance arises is the heirs’ dealings with banks.
Following the death of a person, bank accounts, term deposits, safe deposit boxes, investment accounts or other financial products are not released merely upon presentation of a death certificate. The bank must know who the beneficiaries of the estate are, what their respective shares are, and whether there is a will, a renunciation, a dispute or any other limitation.
In simple cases, banks may request a specific set of certificates. In more complex cases, however — such as where there is a will, several heirs, minors, heirs residing abroad or a dispute regarding inheritance status — the certificate of inheritance may constitute the safest document for proving the relevant right.
Particularly in estates of higher value, the certificate of inheritance operates as a tool for avoiding delays, disputes and conflicting requests among heirs.
Certificate of Inheritance and Real Estate
In inheritances that include real estate, the certificate of inheritance also has particular practical value.
The acceptance of inheritance and its registration or recording with the competent Land Registry or Cadastral Office is a procedure distinct from the issuance of a certificate of inheritance. The two should not be confused. The acceptance of inheritance concerns the declaration and registration of the acquisition of the inheritance right, whereas the certificate of inheritance officially certifies the inheritance status and share of the heir.
In practice, a certificate of inheritance may prove particularly useful where a sale of real estate is to take place, where ownership shares are to be transferred, where cadastral issues must be settled, or where property owned by several co-heirs must be managed.
For example, where a property in Athens, Attica or another region of Greece now belongs to several heirs, the clear certification of their respective shares can facilitate the notarial and legal due diligence process. The same applies where the heirs reside abroad and need an official document proving their position before Greek authorities, banks or third parties.
Certificate of Inheritance and Disputes Between Heirs
The certificate of inheritance becomes even more important where there is no agreement between the heirs.
Disputes may concern the existence or validity of a will, the share of each heir, whether an heir has renounced the inheritance, whether legacies or trusts exist, or even whether a person excludes or restricts the right of another heir.
The application for the issuance of a certificate of inheritance must include essential information, such as the date of death of the deceased, the will or family relationship on which the right is based, the existence of other wills, and whether litigation concerning the inheritance right is pending.
This is why the procedure should not be treated as a mere collection of certificates. An incomplete or incorrect presentation of the factual and legal circumstances may lead to rejection, delay or subsequent challenge.
The New Procedure Following Law 5095/2024
Under the newer provisions, the certificate concerning the inheritance right is issued following an act by a lawyer who is a member of the Bar Association of the district of the Court of First Instance of the court of inheritance. The application is filed before the court of inheritance and is posted in a designated area of the Magistrate’s Court premises for ten days.
The application is signed by an attorney-at-law acting under power of attorney and is accompanied by the required fee notes. The lawyer who will issue the act is appointed from a list of the competent Bar Association through the court secretariat.
If the requirements of the relevant provisions of the Greek Civil Code are not met, the lawyer issues a rejection act. If a third party files an intervention within the prescribed ten-day period, the matter is referred for judicial determination, and the effect of the act and the issuance of the certificate are suspended.
When the Issuance of a Certificate of Inheritance Should Be Seriously Considered
The issuance of a certificate of inheritance should be considered in particular where:
- there are bank accounts, investments or safe deposit boxes;
• the estate includes real estate of significant value;
• there are several co-heirs;
• there is a will or the possibility of more than one will;
• an heir resides abroad;
• there is a dispute regarding the inheritance shares or inheritance status;
• secure proof of rights against third parties is required;
• the sale, exploitation or management of inherited real estate is contemplated.
A certificate of inheritance is not always necessary in every inheritance matter. In several cases, the procedure may be completed through other documents and acts. However, where the matter involves substantial assets, multiple parties or a possibility of dispute, its issuance may provide clarity and legal certainty.
Certificate of Inheritance for Residents Abroad
A particular category of cases concerns inheritances involving heirs who reside outside Greece or assets in Greece belonging to members of the Greek diaspora.
In such cases, a certificate of inheritance can significantly facilitate communication with Greek banks, notaries, public authorities and third parties. At the same time, coordination of documents from abroad is often required, including legal certifications, translations, powers of attorney and an assessment of how the Greek procedure relates to the factual circumstances of the case.
For residents abroad who have inheritance rights over real estate, deposits or other assets in Greece, timely legal guidance can prevent delays and practical dead ends.
Conclusion
A certificate of inheritance is not a formal document of limited significance. It is a powerful means of certifying inheritance status and may prove decisive in dealings with banks, real estate transfers, matters involving residents abroad and cases where there are several heirs or potential disputes.
The proper assessment of whether a certificate of inheritance is required, the complete preparation of the application and the correct substantiation of inheritance rights are critical stages in the safe management of an estate.
Karpouzis – Lianou & Associates Law Firm provides legal support in matters of inheritance law, issuance of certificates of inheritance, acceptance of inheritance, management of inherited real estate and resolution of disputes between heirs.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice, a legal opinion or a substitute for tailored legal assistance.
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