A person’s status as an heir—whether by will or intestate succession (due to their familial relationship with the deceased)—is neither definitive nor secure, as it may be overturned by a later will of the deceased. In such a case, a potential buyer of the property in question could become embroiled in endless legal disputes, where they would be the weaker party due to their lack of familial ties with the deceased, risking the loss of the acquired property.
The only way for a buyer to protect themselves from these risks is to request the issuance of a Certificate of Inheritance prior to the purchase.
Issuance of a Certificate of Inheritance
The issuance of a Certificate of Inheritance is a crucial procedure within inheritance law, which proves a person’s status as an heir, executor of a will, or estate administrator. The Certificate is necessary for completing many actions, such as withdrawing bank deposits, participating in tax settlement procedures related to the inheritance, selling an inherited property, and more.
The Certificate of Inheritance is issued by the Court of First Instance in the last place of residence of the deceased and verifies the heirship status, whether by intestate succession or by testamentary succession. It serves as an essential legal document, especially in cases where heirs disagree or when third parties (e.g., banks, government authorities) require proof of heirship.
Types of Certificates of Inheritance
National and European Certificate of Inheritance
Depending on the process chosen by the interested party, Greek courts may issue either a national or a European Certificate of Inheritance.
- The national Certificate applies to inheritance cases solely involving Greece, with Greek heirs and property located within Greek territory. It is issued pursuant to the relevant provisions of the Code of Civil Procedure and is a fundamental proof document for exercising inheritance rights within Greece.
- The European Certificate, established by Regulation (EU) No 650/2012, applies to cross-border inheritance cases. It is issued and used when the deceased had property or heirs in multiple EU member states. Provided there is a connection of the inheritance to Greek territory, the Certificate may be issued by Greek courts and used directly in other EU states (except Ireland and Denmark) without further legalization. Its aim is the uniform recognition of heirship status throughout the EU.
Simple and Multiple Certificates of Inheritance
Another distinction is based on the nature of the certificate:
- Simple Certificate: Issued in favor of one person, whether the sole heir or executor of the will. Useful when there are no other co-heirs or when the inheritance has been fully accepted by a single individual.
- Multiple Certificate: Issued in favor of multiple persons, detailing their respective shares or obligations. This is the usual case when there are co-heirs and a clear delineation of rights and responsibilities is required.
The law firm “Spilios Spiliopoulos & Associates,” carefully assessing the circumstances and needs of each client, often considers the issuance of a Certificate of Inheritance essential and fully necessary. The firm undertakes cases involving all types of Certificates of Inheritance, as well as legal representation in disputes among heirs, throughout Greece.
