Vathis & Associates — Inheritance Law | Noteworthy News
I. Introduction
Law 5303/2026 (Government Gazette A’ 81/22.05.2026) replaced Book Five of the Greek Civil Code for the estates of persons who die on or after 16 September 2026. For inheritances that have already devolved, Article 33(8) introduces an exceptional remedy: an heir who did not accept the inheritance with the benefit of inventory in time may now limit his or her liability for the estate’s debts.
This remedy expires on 22 November 2026 and is the last opportunity to resolve outstanding issues arising from past inheritances and renunciations.
II. The Problem the Provision Addresses
Under the previous regime, an heir who accepted an inheritance expressly or tacitly, or allowed the renunciation period to lapse, was liable for the estate’s debts with his or her personal assets as well. The only protection was a declaration of acceptance with the benefit of inventory under Article 1902 of the Civil Code, made within the renunciation period.
Many heirs, however, learned of loans, guarantees or debts to the State and social security funds years later, when the deadline had long expired and their liability had become unlimited.
III. What Article 33(8) Provides
Within six months of the law’s publication, the heir may apply under Article 838 of the Code of Civil Procedure for the appointment of a court bailiff and experts to draw up an inventory of the estate. In all other respects, Articles 1903 to 1911 of the Civil Code apply.
The benefit does not apply automatically; it requires an application to the court having jurisdiction over the inheritance. The debts are not written off. The heir’s liability is limited to the value of the estate, so that his or her personal property remains beyond the reach of the estate’s creditors.
IV. Requirements
The following requirements must be met cumulatively:
- The deceased died on or before 22 May 2026.
- The heir did not declare in time, under Article 1902 of the Civil Code, acceptance with the benefit of inventory.
- At the time the application is filed, no act of enforcement has been initiated against the heir’s personal assets. A seizure made before filing excludes the heir from the provision.
- There is no ground for forfeiture of the benefit.
- The application is filed within the six-month period.
The provision does not cover heirs who have already renounced or have already accepted in time with the benefit of inventory, nor the estates of persons who died after 22 May 2026. For deaths up to and including 15 September 2026, the ordinary deadlines of the previous regime apply; for deaths from 16 September 2026, the new liability regime of Law 5303/2026 applies.
V. The Deadline: 22 November 2026
The deadline expires on 22 November 2026, which is a Sunday. Under the general rules it is carried over to the next working day, Monday 23 November 2026. As the provision has not yet been interpreted by the courts, however, we recommend filing the application no later than Friday 20 November 2026.
Collecting the supporting documents (death certificate, certificate of next of kin, will-related certificates, details of the estate’s assets and liabilities) takes time. Those who wait until the last days risk falling outside the provision.
VI. The Last Opportunity for Past Inheritances and Renunciations
The provision does not reopen the renunciation period. An heir who did not renounce in time remains an heir, but may now be liable only up to the value of the estate. It is particularly relevant for spouses and children who accepted real estate encumbered with loans, heirs of business owners with personal guarantees, and relatives who became heirs following a chain of renunciations.
In the last case, if the heir’s renunciation period is still running, renunciation may be the better option. After 22 November 2026, there will be no other way to limit the heir’s liability for inheritances that devolved up to 22 May 2026.
VII. The Approach of Vathis & Associates
Vathis & Associates promptly assesses each case: we review the line of succession and any renunciations, the estate’s assets and liabilities, and any enforcement measures. We then draft and file the application under Article 838 of the Code of Civil Procedure and follow the inventory through to completion.
Given the limited time remaining, anyone with outstanding matters from past inheritances is invited to contact our firm as soon as possible.
