The certificate of inheritance (klironomitirio) is issued by the clerk of the probate court, following a court ruling ordering its issuance. The certificate of inheritance is a document attesting to the inheritance right of the heir (or fideicommissary, legatee, or executor of the will). The heir is presumed to hold the rights set out in the certificate of inheritance and there are presumed to be no further restrictions on those rights other than those expressly stated in the certificate. The certificate of inheritance lends security to transactions, particularly to sales. For example, if a person sold to a third party a house inherited from his mother, claiming to be the lawful heir, but a will of the mother is subsequently published leaving the house to someone else, the buyer is left entirely unprotected, regardless of his good faith at the time of purchase. In simpler terms, if you intend to sell, and especially to buy, any immovable or movable property that came to the seller by inheritance, you must by all means request the production of a certificate of inheritance, which will also be cited in the deed of purchase (where immovable property is concerned).
The certificate of inheritance is issued by the clerk of the probate court, following a court ruling ordering its issuance. The certificate of inheritance is delivered to the applicant against a receipt of delivery, which is kept on file at the court. The application for the issuance of the court ruling — which will then order the issuance of the certificate of inheritance — is submitted by the heir (or fideicommissary, legatee, or executor of the will). Where there are several heirs, each of them may request a certificate of inheritance for his own share. Each is, however, equally entitled to request a joint certificate of inheritance certifying the heir status and the inheritance shares of all heirs. The issuance of a certificate of inheritance in the name of the heir may also be requested by the creditors of the estate or of the heir, as well as by the trustee in his bankruptcy.
- See also article Eviction of Tenant
- See also article Change of Name
- See also article Payment Order
- See also article Divorce
- See also article Renunciation of Inheritance by a Minor
- See also article Joint Custody of a Child
FREQUENTLY ASKED QUESTIONS ON THE CERTIFICATE OF INHERITANCE
1. What exactly is the certificate of inheritance and when is it required?
The certificate of inheritance (klironomitirio) is an official document issued by the clerk of the probate court, following a court ruling, which attests to the status of heir, fideicommissary, legatee, or executor of the will, as well as to the respective shares in the estate. It is required mainly when the heir intends to transfer immovable property, liquidate bank accounts, sell shares, or transact with third parties who require unimpeachable proof of the inheritance right. It operates as a safeguard for both the heir and the counterparty, since it establishes a legal presumption that its holder does indeed hold the rights stated therein.
2. Who is entitled to apply for its issuance?
The application may be submitted by the heir (whether under a will or on intestacy), the legatee, the fideicommissary, and the executor of the will. Where there are several heirs, each of them may request a separate certificate of inheritance for his own share, or a joint certificate of inheritance reflecting the shares of all heirs. The creditors of the estate or of the heir, as well as the trustee in the heir’s bankruptcy, are also entitled to apply, but in the heir’s own name. The application is filed before the Single-Member Court of First Instance of the deceased’s last place of residence, under the procedure of voluntary jurisdiction.
3. Why is it indispensable when purchasing inherited real property?
Where the seller acquired the immovable property by inheritance, the buyer assumes a serious risk unless it is ensured that the seller is indeed the lawful heir. Should an unknown will or another heir later come to light, the transfer may be set aside even if the buyer acted in good faith. The certificate of inheritance establishes a presumption of legitimacy and protects the buyer who transacts on the basis of it. In practice, every prudent buyer and every notary public requires production of the certificate of inheritance, which is also cited in the deed of sale. Without it, the risk is shifted entirely onto the buyer.
4. How long does it take to be issued?
The time required depends on the workload of the competent Court of First Instance and on the completeness of the file. As a rule, three to six months elapse between the filing of the application and the hearing, while a few further weeks are required after the ruling for the engrossment of the judgment and the issuance of the certificate of inheritance by the clerk. In cases involving multiple heirs, disputes, or a foreign element (e.g. a will drawn up abroad), the procedure may take longer. Timely collection of the supporting documents and the proper drafting of the application markedly reduce the waiting time.
5. What documents are required for the application?
The following are required: the death certificate of the deceased, a certificate of next-of-kin, a certificate of non-publication or publication of a will issued by the Court of First Instance, a certificate of non-renunciation and non-contestation of the inheritance right, as well as copies of any published will together with the publication record. Family-status certificates, particulars of the estate (real estate deeds, bank statements) and the inheritance tax declaration filed with the tax office (DOY) are also required. The file is adapted depending on whether succession is testate or intestate and on the nature of the assets concerned.
6. What is the lawyer’s role in the procedure?
The lawyer reviews the legal status of the estate, identifies any obstacles (disputes, renunciations, missing tax declarations), drafts the application with an accurate statement of the shares, and represents the client at the hearing before the Single-Member Court of First Instance. The lawyer takes care of gathering the certificates, supervising the issuance of the ruling, and collecting the certificate of inheritance from the clerk’s office. In sales of inherited real estate, the lawyer also examines the certificate of inheritance produced by the seller, cross-checks the shares against the title deeds, and ensures that the buyer transacts with full legal protection.