Inheritance Without a Will: What the Greek Law Provides and How Heirs Are Protected

When a person passes away without leaving a will, the management and distribution of their estate are determined exclusively by law. The Civil Code clearly defines who is considered a lawful heir and establishes the order of priority according to which each heir is called to inherit. This ensures that the deceased’s estate is not left unallocated but is transferred to relatives according to their degree of kinship and the legal provisions in force. Heirs then have the right to decide whether to accept or renounce the inheritance, depending on their circumstances and interests.

The so-called “intestate heirs” — that is, those who inherit when there is no will — are divided into specific “classes.” The first class includes the deceased’s children and their spouse. Under the current legal framework, the spouse is entitled to one third of the estate, while the remaining two thirds are distributed among the children. If the deceased left no descendants, the estate passes to the second class, consisting of the parents and siblings, with the spouse receiving half of the inheritance. Thereafter, if no such relatives exist, the right to inherit passes to grandparents, great-grandparents, uncles, aunts, and first cousins. If none of these relatives exist, the spouse becomes the sole heir. Finally, if there are no relatives or spouse, the estate passes to the Greek State.

Each heir has the option either to accept or to renounce the inheritance. Particularly when the estate includes debts or financial obligations, renunciation is often the safest choice. The declaration of renunciation must be filed before the Court of First Instance of the deceased’s last residence within four months from the date of death or from the heir’s awareness of the inheritance. Nowadays, this procedure can also be completed electronically via the gov.gr platform, using a digital signature, thus making the process significantly easier for citizens.

If an heir fails to renounce the inheritance within the prescribed time limit, they are deemed to have tacitly accepted it. However, the current legal framework provides enhanced protection, since the heir is no longer liable with their personal property for the deceased’s debts, but only with the assets they have inherited. In this way, excessive burdens are prevented and the financial security of the heirs is safeguarded.

Although the assistance of a lawyer is not strictly required for the renunciation of an inheritance, legal guidance is often essential, especially when the full financial situation of the deceased is unknown. With proper legal support, the most appropriate strategies can be explored to protect the heirs’ interests. For example, debts may be settled through direct negotiation with creditors, by using the Out-of-Court Debt Settlement Mechanism, or through judicial intervention to erase unlawful or time-barred debts and to safeguard inherited real estate.

Modern inheritance law aims to ensure legal certainty, transparency, and the prompt handling of succession cases. With the guidance of an experienced legal professional, citizens can effectively address every issue arising after the death of a relative, safeguard their rights, and manage inherited property with security and responsibility.