An estate in Greece for a foreign heir
By Christos ILIOPOULOS*
Athens, 18 January 2025
People residing in another country happen to be entitled to an estate or to a share of it in Greece. They can claim it, so the asset, be it immovable or movable property, can be transferred to their name, and then they can keep it, or sell it. The process might be somehow bureaucratic, but they will not have to do most of it themselves. An estate which includes heirs and beneficiaries living outside of Greece can be settled usually by a Greek attorney who will act on behalf of the beneficiaries. They will sign a POA (power of attorney), drafted by the attorney, at the Greek Consulate nearest their home, or at a local notary public with an Apostille certification, which will be the instrument allowing the attorney in Greece to do all the legal steps to transfer title to the heirs.
The first document which is required is the death certificate of the person who owned assets in Greece. If the passing took place in another country, we need to ascertain whether the deceased was born in Greece or not. It is important to establish if he/she had the Greek citizenship or not. This will determine how we issue the much – needed certificate of next of kin. If the person who passed was a Greek citizen, the next of kin certificate is issued by the Municipality of his/her registration in Greece. If the deceased was not born in Greece and did not have the Greek citizenship – because there are many people born outside of Greece, who have nevertheless obtained the Greek citizenship at some point in their life – we usually work with the Greek tax office and the notary, so they accept two affidavits stating who are the next of kin, instead of the certificate by the Municipality, which can’t be issued due to the fact that the deceased was not registered as a Greek citizen.
Whether a Will exists, what are its stipulations and if it has been probated in another country or needs to be probated in Greece, is also a significant factor for the successful pursuit of the estate claim. A foreign Will can usually become valid in Greece, depending on its provisions and how we harmonize them to the Greek legal system.
To settle an estate, we also need information about the assets located in Greece. If the estate includes immovable properties, copies of the deeds can be very helpful. In case the heirs do not have them, the attorney will usually be able to locate them at the local land registry. Practical information is also useful or mandatory. For example, if the property is not a house, which usually can be located, but land or plots without specific address, locating them might be a challenge. Older deeds in Greece may not describe the properties in detail and for lands there is no address written in the contracts. If the heirs know how to actually get to the properties or have trusted relatives or local neighbors who can guide them, the estate will be settled speedier. Sometimes, having even the key to a house can make a difference, since to settle the estate usually a civil engineer must visit and inspect the property, in order to survey it.
When the estate includes bank accounts at a Greek bank, the information which will immensely help is the account number and/or bank documents, like a bank leaflet or transaction statements, which will provide information about the accounts and other banking products which belonged to the deceased.
Finally, in the vast majority of cases, the costs to transfer the estate or its share to the heir/beneficiary, (back taxes, legal, notary, civil engineer, possible legalization fines, miscellaneous), is between 2 – 8% approximately of the value of the inherited property, which
means that the persons who are entitled to the estate will definitely gain from pursuing this claim.
*Christos ILIOPOULOS, attorney at
the Supreme Court of Greece , LL.M. www.greekadvocate.eu
e-mail: bm-bioxoi@otenet.gr
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