In Greece, probate proceedings are conducted both in and out of court. Whether probate proceedings must be conducted in court depends on whether the succession is testamentary or intestate. While testamentary succession requires a will to be opened in court proceedings, this is not the case with intestate succession. In this case, there is at most a practical need to carry out a certificate of inheritance procedure.
The opening of the will
For public wills the single judge court of first instance (regional court) or the justice of the peace (local court) in whose district the notary keeping the will is based has jurisdiction. Handwritten wills can be submitted to any single judge court of first instance for opening. The will is opened by recording it in the court minutes of the competent court in accordance with Art. 808 No. 1 grZPG.
In order for a handwritten will to be declared the main will, the authenticity of the writing and the testator's signature must be substantiated, Art. 808 para. 3 sentence 1 grZPG. As a result, the law presumes the authenticity of the handwritten will, Art. 1777 grZGB.
The period for contesting a will begins with the opening of the will, Art. 1847 I 2 grZGB. In addition, the two-year limitation period for contesting a will begins with the opening of the will, Art. 1788 grZGB.
The certificate of inheritance procedure
If it is a purely Greek inheritance case, a certificate of inheritance procedure is sought. The heir can legitimise himself with a certificate of inheritance, which corresponds to German law.
In cross-border probate cases, a special European Certificate of Succession (Art. 62 et seq. EU Succession Regulation), which takes effect in all Member States without the need for a special procedure, Art. 69 EU Succession Regulation. We have already published a own contribution written.