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Cyprus Eastern Forum Index » Legal Questions & Issues » Time frame for Probate application in Cyprus
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Time frame for Probate application in Cyprus 
Post: #1   PostPosted: Sun Oct 08, 2017 9:52 am Reply with quote
journo
Joined: 22 Mar 2009
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A neighbour's wife has just, sadly, died after a long illness and he is asking me if there is a legal timeframe under which he must apply for Probate here.

I don't have a clue. Can someone enlighten me please so that I can pass accurate information on to him? It seems her only 'estate' here is a part-share of their Title Deeds and he's the only beneficiary of her will (they have no other living relatives).

He's a Greek speaker and will ultimately be filing for Probate himself, not through a lawyer. He's not sure whether his friends are correct when they tell him there's no hurry?

I know that, for example, in the UK there is a 6-month window of opportunity after registering a death to complete Inheritance Tax Returns (whether or not there is any liability) but there's no such requirement for an application for Probate.
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Post: #2   PostPosted: Sun Oct 08, 2017 1:56 pm Reply with quote
FSB Properties
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Hi, can't be for sure about any legal timeframe, but a client came to me to sell her property, some 2 years AFTER hard husband had passed away. We got the probate done without any issues!

As for filling his own forms I think he really does need a legal person to do this.

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Post: #3   PostPosted: Sun Oct 08, 2017 4:09 pm Reply with quote
journo
Joined: 22 Mar 2009
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FSB Properties wrote:
Hi, can't be for sure about any legal timeframe, but a client came to me to sell her property, some 2 years AFTER hard husband had passed away. We got the probate done without any issues!

As for filling his own forms I think he really does need a legal person to do this.


Thank you, FSB Properties, for that information.
Maybe his friends are right after all. Smile

As for using a 'legal person' to file for probate, he's highly intelligent and I really think he can do this on his own. I know a lot of people who have managed it themselves without any issues.

But I do acknowledge that they all read and write Greek, so could deal easily with the form-filling!

One of our closest Cypriot friends has just had the trauma of 3 (unrelated) deaths in their close family within 3 months and he's filing all the Probate papers himself.
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Post: #4   PostPosted: Sun Oct 08, 2017 5:40 pm Reply with quote
mo roberts
Joined: 09 Apr 2009
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Location: paralimni/ireland

 
Time limit no problem. I fled for probate last year after Ten years.
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Post: #5   PostPosted: Sun Oct 08, 2017 6:57 pm Reply with quote
journo
Joined: 22 Mar 2009
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mo roberts wrote:
Time limit no problem. I fled for probate last year after Ten years.


Thank you, mo......the news for him gets more and more positive Smile
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Post: #6   PostPosted: Thu Oct 12, 2017 5:27 pm Reply with quote
Baggysdad
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I can confirm that there is no timeframe to apply for probate in Cyprus. It just needs to have been gotten by the time assetts belonging to the deceased are to disposed of.

There is no timefrane to apply for probate in the UK either. Sure there is interest to be paid on the late payment of inheritance tax but if there is no inheritance tax due, there is no interest.

Having said all of this, while there is no need to rush to get probate, I wouldn't encourage anyone to ignore the need to get probate. It will be needed at some point because:
1) There is less risk of the will going astray
2) There is less risk of the executors dying/losing mental capacity/moving
3) Costs and/or processes may change, and in my experince they rarely change for the better
4) It takes time to get probate and I have known house sales fall through because the sales process is delayed by the need to get probate which could have been gotten years previously.

Paul
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Post: #7   PostPosted: Fri Oct 13, 2017 5:30 am Reply with quote
jeba
Joined: 10 Sep 2015
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Baggysdad wrote:

Having said all of this, while there is no need to rush to get probate, I wouldn't encourage anyone to ignore the need to get probate. It will be needed at some point because:

What is probate? Do you need it even if you dont have property in Cyprus? Sorry for asking dumb questions but Im German and there is no such thing in German law as far as Im aware (you simply file at the inheritance court for a certificate stating that you are the heir).
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Post: #8   PostPosted: Fri Oct 13, 2017 1:12 pm Reply with quote
journo
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Thank you for your comments, Baggysdad.
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Post: #9   PostPosted: Sat Oct 14, 2017 9:32 am Reply with quote
2diffs
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jeba wrote:
Baggysdad wrote:

Having said all of this, while there is no need to rush to get probate, I wouldn't encourage anyone to ignore the need to get probate. It will be needed at some point because:

What is probate? Do you need it even if you dont have property in Cyprus? Sorry for asking dumb questions but Im German and there is no such thing in German law as far as Im aware (you simply file at the inheritance court for a certificate stating that you are the heir).

Probate in Cyprus. 21-04-2010. A Grant of Probate is the authority given by the Courts which entitles the person named in a Will as the executor to collect the assets of a deceased person and to distribute those assets to people who are named as beneficiaries in the Will.
Used to be an expensive visit to the Lawyers, now the process is getting cheaper as paralegals are permitted to file the application.
NEVER appoint a Cyprus Lawyer as your executor, they have a right to take a large fee based on the value of the estate.
If you have assets in Cyprus it is advisable to make a will stipulating it should be applied according to German Law.

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Post: #10   PostPosted: Mon Oct 16, 2017 6:46 am Reply with quote
Baggysdad
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Quote:
Used to be an expensive visit to the Lawyers, now the process is getting cheaper as paralegals are permitted to file the application.


Where have you got this from 2diffs?

P
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Probhate 
Post: #11   PostPosted: Mon Oct 16, 2017 12:33 pm Reply with quote
kokkinos
Joined: 14 Oct 2005
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Location: oroklini

 
Yes please 2biffs tell us more it would be nice to cut , out the middle man and be in control off your own affairs
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Time frame for Probate application in Cyprus 
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