Act: Greek Certificate of succession
Legal Framework: Art. 1956 ss. GrCC (Greek Civil Code); Art. 819 and 810 GrCCP (Code of Civil Procedure);
Competent Authority:
a) in non contentious cases: attorney and Court of Peace;
b) in contentious cases: Court of Peace
Procedure:
a) non contentious cases: An attorney has to: Verify all necessary documents; confirm the applicant’s succession right and finally order the issuance of the certificate. The Court of Peace still issues the final certificate, but based on the attorney’s findings. If a third party later challenges the certificate, they can appeal the attorney’s decision before the court.
b) contentious cases: When there is an inheritance contested (Another person objects to the issuance of the certificate during the 10-day posting period, or A separate legal dispute is pending over inheritance rights, or someone challenges the validity of a will or claims they have a superior right to inherit):
- The case is under the exclusive competence of the Court of Peace.
- The judge reviews the evidence and may suspend the procedure if a related lawsuit is pending.
- The judge can issue:
- A full certificate (if the inheritance rights are clear).
- A partial certificate (if only part of the inheritance is undisputed).
The judicial ruling can be challenged through further legal proceedings.
Nature and function: The greek certificate of succession has a declarative nature: it merely declares the succession rights of the holder but does not establish or create them. It has a legitimizing function: it serves as proof of succession rights but does not have res judicata (final and binding) effect. It creates a rebuttable presumption: the named heir is presumed to have the right to the estate, but this presumption can be challenged in court.