Under Art. 1710 of the Greek Civil Code (ZGB), an inheritance passes to the heir directly and by operation of law upon the death of the deceased.
However, this has only provisional effect, since Greek law, under Art. 1847 ZGB, provides for the possibility of disclaiming the inheritance.
An exception applies to the Treasury, which cannot disclaim an inheritance (Art. 1848 § 2 ZGB). A disclaimer is a unilateral legal act requiring a specific form, which is irrevocable and cannot be made subject to conditions; the right to disclaim is inheritable (Art. 1854 ZGB) but not transferable, and, in the case of a community of heirs, may be exercised separately by each co-heir for their own share (Art. 1855 § 2 ZGB).
The disclaimer must be formally declared before the secretary of the registry of the competent probate court, pursuant to Art. 1848 § 1 ZGB and Art. 812 of the Code of Civil Procedure; a representative must prove their authority by a notarized special power of attorney. Neither the heir’s creditors nor an insolvency administrator may declare the disclaimer themselves or demand that it be exercised.
Deadlines
The disclaimer must be declared within four months of becoming aware of the inheritance and the grounds for being called to it; under Art. 1847 § 2 ZGB, this period is extended to one year if the deceased’s last domicile was abroad, or if the heir learned of the death while abroad. In the case of testamentary succession, the opening of the will is decisive for when the period begins. A disclaimer made after the deadline has expired is void under Art. 1850 ZGB; the inheritance is then deemed accepted. If the heir is a minor, a disclaimer by the parents or guardian requires an opinion from the supervisory board and court approval. If the heir lacks legal capacity, what matters is when the represented person’s legal representative became aware of the case. Should the heir die while the disclaimer period is still running, that period does not end before the expiry of the disclaimer period applicable to the deceased heir’s own estate (Art. 1855 § 1 ZGB).
Nullity and Contestation
Under Arts. 1849 to 1851 ZGB, a disclaimer is void in particular where it is declared after the deadline has expired, where it is made before the inheritance has actually passed to the heir, where it is made subject to a condition or a time limit, where a sole heir disclaims only part of the inheritance or a co-heir disclaims only part of their share, or where it is made after the inheritance has already been accepted, whether expressly or tacitly. The declaration of disclaimer may also be contested under Art. 1857 § 2 ZGB where it is based on a mistake, or was brought about by threat or fraudulent deception; an action to contest the disclaimer must be brought within six months (Art. 1857 § 2 ZGB). By way of exception, acceptance after a disclaimer remains possible under Arts. 1807 and 1809 ZGB where the deceased did not appoint a substitute heir or direct accretion, so that statutory succession applies as a result. The right to disclaim is, moreover, inheritable and passes, under Art. 1854 ZGB, to the heir’s own heirs if the heir dies before the disclaimer period expires. Article 1856 ZGB governs the effects of a disclaimer: the inheritance is treated as never having passed to the person who disclaimed it, so that they are treated as though they had never been an heir. The inheritance then passes to whoever would have been called to inherit had the person who disclaimed not been alive at the time the inheritance passed – again distinguishing between statutory and testamentary succession. The heirs called next in line may, however, themselves also disclaim the inheritance.
Jurisdiction with a Foreign Connection (EU Succession Regulation)
Under Art. 13 of EU Regulation No. 650/2012 (European Succession Regulation), the courts of the member state in which the declarant has their habitual residence also have jurisdiction to receive declarations of acceptance and disclaimer. For heirs living in Germany, this means that a disclaimer of a Greek inheritance can generally also be declared before the competent German probate court, which forwards the declaration to the Greek authorities.
Practical note: due to possible delays in transmission and to reliably preserve the deadline, we recommend also disclaiming the inheritance directly – or through an authorized representative holding a notarized special power of attorney – before the competent Greek probate court, or preparing to do so in good time.
FAQ
Under Art. 1710 of the Greek Civil Code, the inheritance passes to the heir directly and by operation of law upon the death of the deceased. No declaration of acceptance is required. However, this acquisition has only provisional effect, because the heir may disclaim the inheritance (Art. 1847 Greek Civil Code).
In principle, yes. The only exception is the Greek State (Treasury), which cannot disclaim an inheritance (Art. 1848 § 2 Greek Civil Code).
The disclaimer is a unilateral legal act that must be made in a specific form. In addition:
• it is irrevocable and cannot be made subject to conditions,
• the right to disclaim is inheritable (Art. 1854 Greek Civil Code), but not transferable,
• in a community of heirs, each co-heir may disclaim separately for his or her own share (Art. 1855 § 2 Greek Civil Code).
No. Neither the heir's creditors nor an insolvency administrator may declare the disclaimer or demand that it be exercised. The decision lies solely with the heir.
The disclaimer must be formally declared before the secretary of the registry of the competent probate court (Art. 1848 § 1 Greek Civil Code, Art. 812 Code of Civil Procedure).
Yes. A representative must prove his or her authority by a notarised special power of attorney. A general power of attorney is not sufficient.
If the parents or the guardian disclaim the inheritance on behalf of a minor heir, an opinion of the supervisory board and the approval of the court are required.
The disclaimer must be declared within four months of the heir becoming aware of the inheritance and of the grounds on which he or she is called to inherit.
Yes. The deadline is extended to one year if the deceased's last domicile was abroad or if the heir was abroad when the period began (Art. 1847 § 2 Greek Civil Code). This extended period has been retained under the 2026 reform.
In the case of testamentary succession, the deadline does not begin before the will has been opened (published).
A disclaimer made after the deadline has expired is void (Art. 1850 Greek Civil Code). The inheritance is then deemed to have been accepted.
If the heir lacks legal capacity, the decisive point in time is when his or her legal representative became aware of the inheritance and the grounds for being called to it.
The right to disclaim passes to the heir's own heirs (Art. 1854 Greek Civil Code). The period does not end before the expiry of the disclaimer period applicable to the deceased heir's own estate (Art. 1855 § 1 Greek Civil Code).
Under Arts. 1849 to 1851 Greek Civil Code, a disclaimer is void in particular if it is:
• declared after the deadline has expired,
• made before the inheritance has actually passed to the heir,
• made subject to a condition or a time limit,
• limited to part of the inheritance (sole heir) or part of a share (co-heir),
• made after the inheritance has already been accepted, expressly or tacitly.
Yes. A disclaimer may be contested if it was based on a mistake or was brought about by threat or fraudulent deception (Art. 1857 § 2 Greek Civil Code). The action to contest must be brought within six months.
Only by way of exception: under Arts. 1807 and 1809 Greek Civil Code, acceptance after a disclaimer remains possible where the deceased did not appoint a substitute heir or direct accretion, so that statutory succession applies as a result.
Under Art. 1856 Greek Civil Code, the inheritance is treated as never having passed to the person who disclaimed it. The inheritance passes to whoever would have been called to inherit if the person disclaiming had not been alive at the time of the death – depending on whether statutory or testamentary succession applies. The heirs next in line may, in turn, also disclaim the inheritance.
Not necessarily. Under Art. 13 of the EU Succession Regulation (EU) No. 650/2012, the courts of the member state in which the declarant has his or her habitual residence also have jurisdiction to receive declarations of acceptance and disclaimer. Heirs living in Germany can therefore generally declare the disclaimer before the competent German probate court, which forwards the declaration to the Greek authorities.
Because transmission to Greece can be delayed, we recommend also disclaiming the inheritance directly – or through a representative holding a notarised special power of attorney – before the competent Greek probate court, or preparing this in good time, in order to reliably meet the deadline.
For deaths on or after 16 September 2026, the reform has fundamentally changed liability for estate debts. As a rule, the heir is no longer liable with his or her personal assets for the deceased's debts, but only up to the value of the estate. Personal liability arises only if the heir expressly declares before the probate court that he or she will manage and dispose of the estate freely, or in other cases provided for by law (for example, unauthorised disposal of estate assets). Acceptance with the benefit of inventory has been abolished as an independent institution and replaced by judicial liquidation of the estate.
A disclaimer can nevertheless still make sense – for example, if the heir does not want to be involved in the estate at all or wants the inheritance to pass directly to the next heirs. Whether a disclaimer is advisable should be assessed in each individual case.
Yes. The deadlines of four months and – in cases with a foreign connection – one year continue to apply under the reformed law.
As of June 2026. All information on these pages is provided without guarantee or liability.