INHERITANCE
Probates
We assist clients with all matters related to inheritance law, including probate, and estate administration.
We provide compassionate and comprehensive probate services to help our clients to settle estates with clarity, care, and confidence, relieving them form the burden of handling the legal complexities of the deceased’s estate which can often be overwhelming.
Our Services
Grant of Probate Court Order- Cyprus Wills or no Wills:
- Requesting Opening of the Deceased Will, if applicable.
- Outlining Succession as per the Cyprus Wills and Succession Law (Cap.195) and the EU Succession Regulation (Brussels IV):
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- If there is a Will: Applicable Law as stated in the Will.
- if No Will: Applicable Law as per the last Habitual Residence of the Deceased.
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- Submit a Probate Application at the District Court:
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- Essential Documentation: Identification Documents, Death Certificate, Certificate listing the legal heirs by the relevant Cyprus Authorities, Wills Publications (if applicable).
- The Heirs should nominate an Administrator (No Will) by providing their written consents or the Executor as per the Will should undertake the initiation of the probate procedure.
- Affidavit by the Administrator or the Executor undertaking management of the Estate.
- Guarantee in favor of the Administrator or the Executor for proper handling of the estate by a Third Party.
- Obtaining of a Temporary Tax Clearance from the Tax Department.
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Re- Sealing of Foreign Grant of Probate Court Order– Foreign Wills or No Wills:
Submit a Re-Sealing Application at the District Court:
Essential Documentation: Original Grant of Probate order, Power of Attorney from the Administrator or Executor of Grant of Probate order appointing legal representative in Cyprus properly signed and certified, Identification Documents, Death Certificate, Certificate listing the legal heirs.
Search and Declaration of the Estate:
The Administrator or the Executor conducts searches with institutions like the Land Registry, Banks, Road Department, Companies Registrar, and Insurance Companies to identify the deceased’s assets and liabilities. An inventory of the estate is then prepared and submitted to the court as part of the Probate Application.
Estate Management:
The Administrator or the Executor manages estate assets, such as property, bank accounts, shares. The Management might include dealing with tenancy agreements, receiving rents, signing relevant documentation-sale, dividends, arranging repairing of property damages, defending legal claims against the Estate.
Debts Repayment:
The Administrator or the Executor deals and arranging payment of the Debts of the Deceased before disposing any share of the Estate to the Heirs, e.g., loans from Banking Institutions.
Final Tax Clearance Issue:
The Administrator applies to the Tax Department for final tax clearance to transfer assets, providing essential documentation, like Certificate of Tax Residence or Cyprus Tax Income Declarations. This process may take several months and is necessary before distributing the estate.
Interim Accounts Submission & Court representation:
Where the probate has not been completed within a reasonable period of time, usually a two (2) year period from the submission of the Probate application, the Registrar forwards the probate to be overseen by a District Judge.
The District Judge requires the Administrator or the Executor of the probate to appear personally at the Court on specific scheduled court dates and present the reasons of not conclusion and/or any probate developments.
The reasons and the developments should be included in writing in an “interim accounts” document and be submitted at the Probates Court Registrar within reasonable time before the specific scheduled court date.
Estate Distribution:
After settling any Debts and Taxes, and obtain the Final Tax Clearance, the Administrator or the Executor, distributes the remaining Assets among the Heirs in accordance to the shares they are entitled to. This includes transferring property titles and closing bank accounts.
*Any time before distributing the Estate any of the Heirs is entitled, if (s)he wishes to, to renounce his/her rights in the Estate in favour of another legitimate Heir of the Estate.
Final Accounts Submission:
The Administrator or Executor prepares and submits a document known as the “Final Accounts” with the Probates Court Registrar, which includes a detailed record of actions taken, payments made, distributions completed and Heirs’s declarations, stating that they have received their entitled share in the Estate, and are satisfied by the probate handling and the Estate management.
Final Review and Closure:
The Probates Court Registrar reviews the Final Accounts, and, provided everything is in an order, declares the probate closure issuing a relevant notice, relieving the Administrator of their duties.
Benefits
• Legal Validation
- Confirms the validity of the will.
- Ensures the deceased’s wishes are legally recognized.
- Increase Protection for the Executor, Administrator and Heirs against any future potential claims between them, or between a third party against the estate of the Deceased.
• Court Oversight
The Probate District Court Registrar observes the probate process.
Usually a time period of two (2) years from the granting of the Probate Order, is given to the Executor or the Administrator to conclude the Probate process.
If Not, Court Appearances of the Executor or the Administrator or the Lawyers of the Probate, before the Honorable Judge of the District Court to present the reasons for not completing the probate process are required.
• Debts & Taxes Resolution
Probate helps ensure that outstanding debts, taxes, liabilities and final expenses are properly identified and settled, reducing the risk of future surprising legal or financial issues for the Heirs.
Clear Title to Assets, real estate, vehicles, and accounts from Debts and Taxes.
• Properly Updated Titles and Deeds of Assets
• Public Record & Transparence
The process creates a clear public record of how the estate is managed. This transparency can help prevent or resolve conflicts between heirs or other interested parties.
• Lapsed Time Limit on Claims
Creditors requesting payment from the Deceased estate need to come forward before the closing of the probate.
Any interesting Party contesting the Will needs also to come forward within a reasonable timeframe.
After the probate closing, the estate is considered protected from future claims.
* However, the probate can still be Reopened under the satisfaction of certain strict requirements.
• Protection of the Heirs and the Executor
The process ensures everything is handled fairly and by the book. Especially helpful if the estate is complex or there are family conflicts.
Ensures Beneficiaries receive their share under the will or Intestacy/Succession rules.
Legal protection to the Executor by the Court confirming that the estate is administered according to the law.
• Useful for Complex or Cross-Border Estates
In cases involving international assets or multiple international heirs, probate offers a structured legal framework to handle distribution efficiently, correctly and promptly.
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FAQ
1. What is probate?
Probate is the legal process of administering a Deceased’s estate. It includes validating the will (if applicable), obtaining probate court order, estate search, managing estate, settling debts, paying taxes, and distributing assets to beneficiaries, by the appointed Executor or Administrator of the probate.
2. Do I need probate if there is a will?
Yes, probate is required to give legal authority to the Executor named in the will to manage the estate.
3. Is probate required in Cyprus?
Yes, probate is generally required in Cyprus if the deceased owned assets in Cyprus, especially when it comes to Estate of Internationals.
However, in some Small or Straightforward Estates of Cyprus Nationals, probate may Not be necessary.
4. What happens if someone dies without a Will?
If there a person is considered to have died intestate, the estate is distributed according to the applicable law of succession. The interested party/ies , usually close relatives, are able to initiate the proceedings by appointing an Administrator.
5. Who might be appointed as an Executor or Administrator of a Probate?
The Executor or the Administrator of a Probate might be any person, trusted family member, or a lawyer, having the legal knowledge and experience in managing estates and handling probate procedures.
Also, an Executor or Administrator is also able to appoint a lawyer, as lawyer of the probate, while (s)he still holds the position of the Executor or Administrator.
* Important Note: The appointed Executor or Administrator of the Probate is required by the Law to be permanent resident in Cyprus, so that (s)he be easily accessible.
This requirement is been imposed due to the high level of responsibility burdening the Executor’s or Administrator’s shoulders to act in good faith and in compliance with the Laws.
6. Is it possible for the Executor of the Will to relinquish his/her position in favour of someone else?
Yes, an Executor in a Will may relinquish their position in favour of someone able to commence and conclude probate in Cyprus.
7. Do We undertake the position of the probate’s Executor or Administrator or Lawyer?
Yes, we do undertake the position of the probate’s Executor or Administrator or Lawyer and their duties and responsibilities, offering high standards of trust and loyalty, assisting our clients in the smooth handling of the Estate of their loved ones.
8. How many persons is possible to be appointed as Executors or Administrators?
–Usually, one (1) is appointed as Executor or Administrator.
-In cases of complexity of the estate or family conflicts, usually two (2) persons are appointed as Executors or Administrators.
-The Law allows up to four (4) persons to be appointed as Executors or Administrators.
-Specific requirements are applied under specific circumstances, such as minor children.
9. What measures is an interested party, such as an heir, in the Estate of the Probate able to take if (s)he does not agree with the appointment of the Administrator?
If an interested party does not agree, (s)he can submit an objection to the Appointment of the specific person as an Administrator, usually through his/her lawyer, known as a “caveat” at the Probates Court Registrar and the District Court will examine the objection and decide whether or not to approve the Appointment of the specific person as Administrator.
10. How long does probate take to be concluded?
The probate process can take anywhere from a few months to over a year, depending on the complexity of the estate, whether there’s a will, and if any disputes arise. On average, expect 8–24 months for conclusion.
11. Why instruct a lawyer instead of handling the estate probate personally?
Instructing a Cyprus lawyer for probate matters provides legal expertise, ensures compliance with local laws, facilitates a smoother estate administration process, relieves from huge responsibility and emotional burdens, saves time, reduces stress, and avoids costly mistakes.
12. How much does a Probate cost?
Costs can vary depending on the value and complexity of the estate and the services provided. There will be:
- Legal fees for handling the Probate from the initial to the final stages.
- Disbursements of usually small amounts:
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- Probate Court fees (stamps, certifications, etc.).
- Search Fees (Land Registry, Road Transport, etc.).
- Estate Transfer Fees (Land Registry, etc.).
- Taxes and estate management costs.
*The above constitute general information and does not substitute professional legal advice or consultation, which shall be sought prior of taking any action.