When a person passes away without leaving a will, their estate is distributed according to the rules of intestate succession as set out in the Greek Civil Code. The law establishes a strict hierarchy of “inheritance classes,” and each class excludes the next. Only when an entire class of relatives does not exist does the estate pass to the following class.
1. First Class – Surviving Spouse and Children
The first class includes the deceased’s children and their descendants. The estate is divided into:
- The surviving spouse receives one-quarter (1/4) of the estate.
- The remaining three-quarters (3/4) are distributed equally among the children.
- If a child has predeceased the decedent, that child’s share passes by representation to their own descendants (the grandchildren).
2. Second Class – Parents, Siblings, and Their Descendants
If there are no heirs in the first class, the estate passes to:
- The parents of the deceased,
- The siblings, and
- The children of any predeceased siblings.
In this case:
- The surviving spouse receives one-half (1/2) of the estate.
- The remaining half is distributed among the relatives of the second class according to Articles 1818–1820 of the Civil Code.
3. Third Class – Grandparents, Uncles, and Aunts
If no heirs exist in the second class, the estate passes to grandparents, great-grandparents, and collateral relatives up to the second degree (uncles and aunts). In this case:
- The surviving spouse is entitled to two-thirds (2/3) of the estate.
- The remaining one-third (1/3) is distributed among the relatives of the third class.
4. Fourth Class – More Distant Relatives
If no relatives exist in the previous classes, inheritance rights extend to more distant relatives up to the fourth degree, such as first cousins.
If no relatives exist at all, and there is no surviving spouse, the estate escheats to the Greek State as the final successor.
Example
A person dies without a will, leaving behind:
- one brother,
- no children,
- no living parents.
If there is no surviving spouse, the brother inherits the entire estate as the sole heir of the second class.
If there is a surviving spouse:
- The spouse receives 1/2,
- And the brother receives the remaining 1/2.