The provisions regarding inheritance law were amended in May 2026 and took effect.
An important provision that not everyone is aware of, as With regard to inheritances that include debts, it involves accepting the inheritance with the benefit of inventory. In practice, these are estates that heirs wish to accept because they may contain significant assets, such as valuable real estate, bank accounts with large balances, or company shares. At the same time, however, these estates also have liabilities (debts) that weigh on them and that, under normal circumstances, are passed on to the heirs.
If the heir accepts the inheritance, either by notarial deed or tacitly, then he or she is liable for the debts with his or her personal assets, In other words, the creditor may claim repayment from assets that are not part of the estate.
The benefit of the inventory gives the heir the advantage of protecting his or her own assets from creditors of the estate’s debts, and indeed up to the value of the estate’s assets. In other words, if the estate’s assets are valued at 100,000 euros and its debts amount to 150,000 euros, creditors will be able to claim up to 100,000 euros from the estate, which will be drawn from the estate’s assets and not from the heir’s personal assets.
There is a 4-month deadline for claiming the census benefit which begins either upon the death of the decedent or upon the publication of the decedent’s will and concludes within 4 months. For heirs who follow in order of succession, the time limit begins when they are called to succeed to the estate.
For this to happen, the interested party must file a petition with the court requesting the appointment of a notary public and experts (real estate agents, accountants, economists, etc.) to conduct an inventory of the estate. Through this process, both the assets and liabilities of the estate are recorded in detail.
This is a process that requires time, specific legal steps, planning, coordination, and financial resources. It requires a court order, the appointment of the appropriate individuals, and the completion of the inventory in a manner that meets the requirements of the law.
In some cases, this procedure is the only solution to ensure that the heirs’ personal assets are not at risk from the debts of the estate. Through the benefit of the inventory, the deceased’s creditors can be satisfied solely from the estate’s assets. If the debts prove to be greater than the value of the estate, the difference is not passed on to the heir and does not threaten the heir’s own assets.
The new provisions of inheritance law provide a second chance, under specific conditions, to individuals who had already become heirs under the previous law but had lost their right to accept the inheritance due to the effects of the inventory, to regain that option within a specific transitional period. This provision may prove decisive for heirs who risk being held liable without limitation for the deceased’s significant debts.
The deadline for initiating the process to accept the census benefit is November 2026.
However, the new provision applies under certain conditions. It depends on the date of death, the legal status of the estate, and any enforcement proceedings that may already be pending.
Basic Requirements for Implementation
- Death must have occurred before the new inheritance law took effect.
We are referring to inheritances that have already been settled under the previous law, not those that fall under the new inheritance law.
- The heir must have lost the right to accept the inheritance as a result of the inventory.
This concerns heirs who, although they could have accepted the inheritance with the benefit of inventory under the previous regime, did not do so because they either missed the deadline or were unaware of it, and are now liable with their own assets for the debts of the estate.
- to begin the process by November 2026
The new feature Valid through November 22, 2026.
The relevant procedure must be initiated within this specific time limit. Once this date has passed, the transitional beneficial provision will no longer be available, and the second chance will be lost.
Exceptions That Are Excluded from the Second Chance
A person who has already renounced an inheritance cannot accept the benefits of the inventory.
Also The heir is not considered a beneficiary unless enforcement proceedings have already been initiated against his or her personal property.
In other words, those who have already faced measures such as the issuance of a payment order, the seizure of bank accounts or real estate, accelerated foreclosure, or other enforcement actions based on debts related to the estate.
It is important to understand here that Enforcement measures against the heir must relate to the debts of the estate and not to the heir’s personal debts.
Given, then, that banks, social security funds, and the tax authorities are aware of this provision and will take immediate enforcement action to ensure they do not lose their rights, it is absolutely critical for the heir to file the declaration to claim the benefits of the estate inventory as soon as possible in order to avoid debts that are not his own.
It must be made clear that this provision neither writes off debts nor renders creditors’ rights inactive. Its purpose is, under the conditions prescribed by law, to restore the heir’s limited liability to the value of the estate.
Author of the article:
Attorney at Law & Attorney-at-Law & Attorney-at-Law
Ave. 403 Mesogeion Street, Agia Paraskevi, Agia Paraskevi, Attica
Tel. 6945-028153, 213-0338950
e-mail: natmil@otenet.gr, info@legalaction.gr
www.legalaction.gr
