Greece’s new framework for orphaned estates: A challenge for diaspora Greeks

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By Panagiotis Alexandros Rozakis – International Lawyer (Athens & Toronto)

Greece is entering a historic phase of reform in inheritance law, the most extensive overhaul in nearly 80 years.

Following the recent enactment of Law 5221/2025, which transferred the publication of wills and the issuance of inheritance certificates from the courts to notaries, and the announced reform by the Ministry of Justice on inheritance law, developed by a high-level committee led by Professor Apostolos Georgiadis which aims to modernise succession rules, the Ministry of Economy and Finance has introduced a new draft law on «σχολάζουσες κληρονομιές» (orphaned estates).

This proposal establishes a modern institutional and digital framework to identify, manage, and ultimately resolve estates where no heirs come forward. For Greeks in Australia, the United States, and Canada, these changes are significant.

Many diaspora families own property in Greece, often inherited decades ago through informal arrangements and despite outdated civil records. Under the new system, such estates may be classified as unclaimed more quickly unless heirs verify their rights and update their family information in Greece.

Below, I explain what the new draft law proposes, how it fits within the broader transformation of Greece’s inheritance system, and what Greeks abroad must do now to protect their inheritance rights.

A new institutional framework: The foundation for inactive estates

At the core of the reform is the creation of a new public-interest legal entity: the Foundation for the Management and Liquidation of Inactive Estates and Public-Benefit Properties (Ίδρυμα Διαχείρισης και Εκκαθάρισης Κληρονομιών και Αδρανών Κοινωφελών Περιουσιών).

This Foundation will assume responsibilities currently shared, often inefficiently, among courts, municipalities, tax authorities, and the Ministry of Finance.

Its mandate includes:

  • identifying estates where no heir has appeared,
  • managing such estates until their status is resolved,
  • investigating whether heirs exist, including abroad,
  • ensuring tax and municipal obligations are fulfilled,
  • preserving, leasing, or liquidating properties if no heirs can be found,
  • and administering dormant public-benefit foundations and endowments.

This marks a major institutional shift. For decades, «σχολάζουσες κληρονομιές» were handled by fragmented public offices, resulting in delays, unclear responsibilities and a backlog of thousands of properties. The new Foundation aims to centralise this process.

A digital registry that will transform estate tracking

The bill introduces a unified national digital platform that will catalogue all potentially orphaned estates. This system will cross-reference data from:

  • the civil registry (Ληξιαρχείο),
  • municipal family registries (Δημοτολόγιο),
  • the Independent Authority for Public Revenue (ΑΑΔΕ),
  • the National Cadastre (Κτηματολόγιο),
  • and the Wills Registry of the Notarial Federation.

This introduces a level of integration that aims to expedite the process. For the first time, authorities will be able to instantly see:

  • whether a deceased person has registered heirs in Greece,
  • whether a valid will exists,
  • whether previous inheritance filings were made,
  • and whether the property appears in the heirs’ name.

This digital cross-matching is designed to prevent properties from languishing for decades due to bureaucratic gaps.

However, it also means that estates with no registered heirs will move far more quickly into the classification of “orphaned” a critical point for diaspora families.

From court-based to administrative procedures

Under current law, declaring an estate as «σχολάζουσα» often requires a court order. This judicial process can take years, especially if municipal and civil records are incomplete.

The new bill replaces much of this system with an administrative model. The Foundation will conduct the investigation and classification directly, using the digital tools provided. Courts will only intervene when there is a dispute or when legal oversight is required.

This administrative approach means faster resolution which is beneficial for the system, but it places greater responsibility on heirs to ensure their rights are visible to Greek authorities.

Why Greeks abroad are especially vulnerable under the new law

Perhaps the most sensitive aspect of this reform is the way it interacts with Greece’s civil registry system.

For thousands of Greeks who emigrated in the 1950s–1980s, it was unfortunately common not to register major life events in Greece. Many never updated the municipal family registry after marrying abroad or after the birth of their children and grandchildren.

As a result, a large portion of the diaspora remains, in Greek records, as:

  • unmarried,
  • without children,
  • under their parental registries «οικογενειακή μερίδα»
  • and without any registered heirs.

This has profound consequences. If someone in this category dies abroad, the Greek State may see no heirs at all, even when a spouse, children, and grandchildren fully exist, simply because they were never registered.

With the new digital system, estates with no registered heirs may be flagged quickly, entered into the unclaimed estates registry, and eventually treated as orphaned, allowing the Foundation to manage or liquidate the property.

This does not mean the State is trying to take property from Greeks abroad. But the new efficiency of the system means that outdated family records can possibly lead to real and irreversible loss of inheritance rights.

What happens to orphaned property under the new system

Once an estate is verified as orphaned, the Foundation may:

  • maintain or repair the property,
  • collect rental income for the State,
  • reconstruct deteriorating buildings,
  • resolve debts and outstanding taxes,
  • or, where appropriate, sell the property in the public interest.

The goal is not confiscation, but activation of stagnant assets. Still, heirs who appear after a certain stage may face significant legal hurdles, especially if liquidation has already occurred.

What diaspora families should do now

Greeks abroad should take proactive steps to safeguard their inheritance rights:

  • Update civil records in Greece: Register marriages, births, divorces, and deaths through Greek Consulates or with the Special Registry for Greeks Living Abroad if they fall under its limited authority.
  • Verify property ownership: Ensure that land or houses left behind by parents or grandparents were formally transferred.
  • Complete pending inheritances: If someone passed away years ago and no acceptance of inheritance was filed, the estate may be at risk, especially if no declaration was made with the Greek Cadastre.
  • Seek legal assistance in Greece: A lawyer can access registries, update records, file inheritance documents, and prevent an estate from being considered unclaimed.

A reform that modernises the system but requires action

Greece’s proposed reform brings long-overdue organisation to an area plagued by delay and confusion. The creation of a dedicated Foundation, combined with digital integration and faster administrative procedures, promises a clearer and more functional system.

But for the Greek diaspora, it also highlights a reality: inheritance in Greece is not automatic. It must be legally registered, updated, and activated.

The new law aims to strengthen the protection of the public interest, but it also increases the need for families abroad to act promptly, update their records, and secure their inheritance rights before properties fall into the category of “σχολάζουσες κληρονομιές.

Need legal help in Greece?

Contact Panagiotis A. Rozakis | Attorney at Law
p.rozakis@dvlf.gr | +30 698 092 8817 | +30 2103390080

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