Navigating the Administration Process: Handling Deceased Person’s Estate in Cyprus

Cypriot legislation governs the process to be adhered to in situations where a person passes away without a will and is a resident of Cyprus and when a person dies abroad without a will but at the time of the death, he/she possessed immovable property situated in Cyprus. This regulatory framework is established through pertinent laws and regulations.

The inheritance of a deceased individual’s property in Cyprus is governed by key laws, namely the Administration of Estates Law (Cap 189) and the Wills and Succession Law (Cap. 195), along with the rules specified by these statutes.

When an individual passes away without a will, their estate may be distributed through the administration procedure to their relatives, with priority given based on the degree of kinship. Close relatives such as the surviving legal spouse, children, grandchildren (descendants of the children), or parents typically hold precedence according to the law.

Before seeking legal assistance to initiate the administration proceedings for a deceased individual, it’s crucial for their relatives to compile a comprehensive list of the deceased’s assets and obtain all relevant documentation, including title deeds, vehicle titles, and so forth. Additionally, documenting any debts or secured debts owed by the deceased is imperative. Furthermore, it’s essential to identify all legal heirs of the deceased to determine each individual’s entitled share in the deceased’s estate.

After completing the aforementioned steps, the heirs should acquire a death certificate and a certificate of heirs from the community mayor (mukhtar) where the deceased last resided. Moreover, the heirs must collectively determine the individual who will serve as the administrator of the deceased’s estate. This appointed administrator will be named in the administration order issued by the Court.

After documenting the aforementioned information and obtaining the necessary certificates, the lawyer representing the heirs will draft the appropriate Application for Administration.  Subsequently, they will submit it to the District Court where the deceased maintained permanent residency.

The Application for Administration outlines the approximate value of both movable and immovable assets belonging to the deceased, along with the names and particulars of the entitled heirs. It is supported by essential documents including the death certificate, certificate of heirs, written consent from the heirs for the administrator’s appointment, duly certified by the Community Mayor or certifying officer. Additionally, it includes the administrator’s affidavit and a guarantee, signed before the Registrar, where the guarantor pledges twice the value of the deceased’s estate.

After the Administration Application is officially registered, an application is forwarded to the Tax Commissioner to obtain a Certificate. Following this, the Administration Order is issued. Subsequently, the Administrator of the Estate is required by the Court to prepare and submit an inventory of the deceased’s property within a specified timeframe. This inventory will comprehensively list all movable and immovable assets of the deceased, alongside their respective values and any outstanding debts.

Ultimately, the Administrator will be required to furnish both interim and final accounts detailing the management of the estate. It’s imperative that these accounts include all pertinent receipts attached for thorough documentation.

The Administrator bears the responsibility of gathering all assets belonging to the deceased to settle any outstanding debts, and subsequently distribute the remaining assets among the deceased’s heirs in accordance with legal stipulations. Upon the Court’s approval of the final accounts submitted by the administrator, the administration process concludes, signifying its completion.