Klironomia (Inheritance)

Klironomia (Κληρονομία) is the Greek inheritance and succession procedure governing how property and assets pass from deceased persons to their heirs.

Definition

Klironomia (Κληρονομία), or inheritance in Greek law, is the legal mechanism by which property, assets, and liabilities transfer from a deceased person (the deceased or "θάνατος") to their heirs. Greek succession law is codified in the Greek Civil Code and follows a fixed hierarchy of intestate succession when no will exists. The succession process involves identifying legitimate heirs, valuing the estate, settling debts and taxes, and distributing remaining assets according to either the deceased's will or statutory succession rules. For expatriates and foreign nationals owning property in Greece, understanding Greek succession law is crucial, as Greek law governs the succession of Greek property regardless of the deceased's nationality or domicile.

Greek intestate succession follows a strict legal hierarchy. First-degree heirs include children (in equal shares) and spouses. If there are no children, the spouse inherits with the deceased's parents and siblings, according to specified proportions. If there are no spouse or children, the deceased's parents inherit; if no parents, then siblings; if no siblings, then more distant relatives in a defined order. Adopted children receive full inheritance rights equivalent to biological children. The succession hierarchy ensures that the estate is distributed according to family relationships and does not allow complete testamentary freedom to exclude close relatives—Greek law reserves certain portions of the estate for forced heirs (children and spouses).

Testamentary succession in Greece occurs through a will (διαθήκη), which must comply with strict formalities. Wills can be handwritten (ιδιόχειρη διαθήκη) or formal notarised documents (δημόσια διαθήκη). Handwritten wills require three witnesses and the testator's signature but don't require notarisation. Formal wills are executed before a notary public and two witnesses, providing greater legal certainty. Regardless of the will's provisions, forced heirs (spouse and children) cannot be entirely disinherited and retain statutory entitlements to a portion of the estate. A testator can only dispose of a portion of the estate freely; the remainder is reserved for forced heirs.

The probate process (εκκαθάριση κληρονομιάς) involves obtaining a probate certificate (δικαιολογητικά), inventorying the estate, settling debts and taxes, and distributing assets. In Greece, this process can be relatively straightforward if the deceased left a valid will and all heirs agree on its terms. If there is no will or disputes arise among heirs, court proceedings may be necessary. Inheritance tax (φόρος κληρονομιάς) is calculated on the value of inherited assets, though rates and exemptions vary depending on the heir's relationship to the deceased and the asset value. Spouses and children receive more favourable tax treatment than more distant relatives.

For expatriates, Greek succession law presents complexities because Greek-owned property is subject to Greek law, while property in other countries may be governed by the law of those countries. International wills may address property in multiple countries, but must satisfy the formal requirements of each jurisdiction. Expatriates with Greek property should consult a Greek succession lawyer to ensure their wills are valid and that their estates will be distributed according to their wishes. Additionally, understanding Greek forced heirship rules is important; unlike some jurisdictions, Greek law does not permit complete disinheritance of close relatives, even through express will provisions.

Key Facts

Common Mistake

Expatriates often assume their home country's will is sufficient for Greek property, not realising that Greek law governs Greek property succession. Another error is failing to make a formal will, assuming intestate succession will distribute the estate as desired. Many also underestimate the rights of forced heirs and attempt to disinherit close relatives through will provisions that are ultimately invalid under Greek law.

Expert Tip

If you own property in Greece, prepare a formal notarised will (δημόσια διαθήκη) that complies with Greek legal requirements. For international estates with property in multiple countries, consider an international will or separate wills for different jurisdictions. Ensure your will is coordinated with your estate plan in other countries and accounts for differences in succession laws. Consult a Greek succession lawyer to review your will, ensure it complies with Greek forced heirship rules, and understand the tax implications for your heirs.

Frequently Asked Questions

Can I disinherit my children in Greece?

No. Under Greek law, children are forced heirs and cannot be entirely disinherited. They retain a statutory entitlement to a portion of the estate, regardless of the will's provisions. You can disinherit a child only in exceptional circumstances (e.g., for serious misconduct) and only through court proceedings, not through a will provision.

What happens if I die without a will?

If there is no will, Greek law follows intestate succession rules. Your estate will be distributed according to the statutory hierarchy: spouse and children receive priority shares, followed by parents, siblings, and more distant relatives. The process may require court involvement and probate proceedings to establish rightful heirs.

Is my foreign will valid for Greek property?

Not automatically. While international wills may be recognised, Greek property succession is governed by Greek law, which has specific formal requirements for wills. A foreign will may be accepted as evidence of your testamentary intent but must still satisfy Greek legal requirements. It is advisable to prepare a formal Greek will for Greek property to ensure validity and avoid disputes.

Related Terms

Greek Wills and Testaments, Forced Heirship in Greece, Inheritance Tax (Φόρος Κληρονομιάς)