Acceptance and Renunciation of Inheritance in Greece

Alt Title: Acceptance and renunciation of inheritance for Greeks and Cypriots

Alt Description: A legal document and gavel on a desk with a subtle map of Greece and Cyprus in the background, representing inheritance in Greece..

Understanding the legal framework around acceptance and renunciation of inheritance in Greece is essential. With the looming economic crisis, more citizens are now inheriting various types of debts. As a result, accepting an inheritance burdened with debts in Greece may render the heir personally liable for those debts, even with their own assets.

Acceptance of Inheritance in Greece

Acceptance of inheritance in Greece can be explicit or implicit.

• Explicit acceptance occurs when inheritance is registered with the competent Land Registry to establish ownership of inherited real estate. In such cases, a notarial deed is drawn up.
• Implicit acceptance occurs when the temporary heir’s intention to become the definitive heir is inferred from their actions or omissions. Examples include:
  • Filing a petition for a certificate of inheritance,
  • Filing a lawsuit to claim property from the estate,
  • Submitting an inheritance tax declaration,
  • Using inherited property as their own.

In addition to these two cases, Greek Inheritance law presumes acceptance if the deadline to renounce the inheritance passes without action. Specifically, if the temporary heir fails to renounce the inheritance within four months once they are aware of the inheritance and their reason to become an heir is deemed accepted. Even if the failure was due to negligence, the heir becomes responsible, even against their will, and this cannot be revoked. As a result, the heir may be liable for the deceased’s debts with their personal property, without the ability to limit their liability to the value of the inherited estate.

If no notarial deed is drawn up listing the inherited real estate and no registration is made with the Land Registry, one is still considered an heir but does not gain ownership of the inherited real estate.

Deadline for Explicit Acceptance with Notarial Deed – Tax Declaration

There is no legal deadline for explicit acceptance via notarial deed and registration with the Land Registry, as this can be done at any time. However, for Greek inheritance tax purposes, a six-month deadline applies for filing the inheritance tax declaration. This will start if:

• A will exists from the date it was published in the court registry.
• There is no will from the date of death and the acquisition of heir status.

Missing this deadline does not forfeit the right to the inheritance, but a small monthly fine is imposed by the Tax Office, payable when the tax declaration is eventually submitted for the notarial deed.

Acceptance with the Benefit of Inventory

The heir may, within four months from when the time they became aware of their status and the reason for inheritance, choose to accept the inheritance with the benefit of inventory. However, this limits their liability to the net value of the estate, which means that creditors of the deceased cannot seek payment from the heir’s personal property.

Although ownership of the estate passes to the heir, it remains separate from their personal assets and is available only to satisfy creditors’ claims against the deceased.

Renunciation of Inheritance

Alt title: Renunciation of inheritance in Greece

Alt Description: A close-up of a hand signing a legal document, with a blurred background suggesting final steps in renunciation of inheritance.

Renunciation of inheritance is Greece occurs when the deceased’s debts and liabilities are so significant that accepting the inheritance is not financially worthwhile.

It is a declaration by the temporary heir stating that they do not accept the inheritance and do not wish to become a definitive heir. The declaration is made at the secretariat of the competent Magistrate’s Court in the district where the deceased had residence or domicile at the time of death.

Renunciation must be done within four months from the moment the heir learned of the inheritance. If the deceased lived abroad or the heir learned of the inheritance while living abroad, the deadline can be extended to one year. It is worthwhile to note that renunciation in Greece applies to the entire inheritance, and not a partial one.

Renunciation of Inheritance by a Minor in Greece

When the heir of a debt-laden estate is a minor, parents must renounce the inheritance on behalf of the minorwithin the legal deadline. This requires special court approval through a judicial decision.

Court Jurisdiction

The application to renounce the inheritance is filed by the parents at the competent Magistrate’s Court in the district where the minor resides, following the voluntary jurisdiction procedure. A minor under parental care is considered to reside with the parent(s) who have custody (Article 56 §1(a) of the Greek Civil Code).

Renunciation Deadline for Minors

Like adults, minors must renounce inheritance in Greece within a strict deadline. This is specified under penalty of nullity, with the deadline being four months, unless the following conditions are met:

• The deceased’s last residence was abroad, or
• The heir learned of the inheritance while living abroad, in which case the deadline is one year.

Commencement of Inheritance Renunciation Period in Greece

Under Article 1847(1) of the Civil Code, the deadline for renouncing an inheritance starts from the date the heir learned of the inheritance and the reason for it. If the heir inherits through a will, the deadline begins after the publication of the will.

For minors, knowledge of the inheritance is assessed based on their legal representatives, i.e., their parents. The four-month deadline starts when the parents learn of their child’s status as heir.

What Happens After the Lapse of the Four-Month Period

If the four-month period passes without action, the inheritance is deemed accepted. Any renunciation after that is invalid.

Note: The above highlights the critical importance of renouncing inheritance with debts, especially for minors. It is strongly advised to seek legal advice from a lawyer specialized in Greek inheritance law.

Filing an Inheritance Tax Declaration in Greece

1. By the Heir or an Authorized Representative

The declaration is submitted to the Head of the competent Tax Office by the liable party under Article 61 or by their authorized representative and is signed before the receiving officer.

2. By Bailiff or Lawyer

The declaration may also be served on the Tax Office Head via a bailiff. In such cases, the authenticity of the signature or inability to sign must be verified (free of charge) by a public authority — unless signed by a lawyer acting as representative, in which case their professional ID details suffice.

3. If the Declarant Cannot Sign

If the declarant is unable to sign, this must be officially recorded and signed by the receiving tax officer on the declaration.

4. Power of Attorney via Simple Letter

Authorization can be given via a simple letter, with the signature verified (free of charge) by any administrative authority.

Competent Tax Office for Inheritance, Gift, and Parental Benefit Declarations

Frequently, relatives of the deceased present official documents (e.g., death certificate, family status certificate, publication of will, deed, etc.) listing different places of residence for the deceased. These may differ from the residence declared in the tax register.

In such cases:

• The competent Tax Office is that of the place where the deceased resided.
• If the deceased lived abroad but died in Greece, jurisdiction lies with the Tax Office of the place of death.
• If the deceased neither resided nor died in Greece, jurisdiction lies with the Foreign Residents’ Tax Office.

If the heir lives abroad, the declaration may be submitted to the Greek Consulate. In both cases, the receiving authorities must register the declaration the same day and promptly forward it with proof of delivery to the competent Tax Office.

Contents of the Initial Tax Declaration

The initial declaration must list all inherited assets, even if their value cannot yet be determined. If the tax obligation arises later (due to law or Tax Office decision), a new tax declaration must be filed at that time. This is then attached to the initial file, since the inheritance tax case is treated as a single unit.

If the deceased did not have a Tax Identification Number (TIN), the competent Tax Office is determined by the place of residence stated in the accompanying documents.