Inheritance of properties in Italy and grant of probate

S&P Law Firm provides complete legal assistance during all phases of the Italian succession procedure, from the declaration of succession to the transfer of real estate and movable assets to the heirs. Our firm pays particular attention to all the additional post-succession obligations such as closing the bank account and / or updating contracts with gas, electricity and water service companies. In order to meet the needs those clients who are not residing in Italy, our firm will be able to arrange the entire procedure remotely without the need for the client to travel to Italy.

According to the Italian law, succession opens upon the death of a person (De Cuius). Before death, all those agreements by which a person disposes a future succession are void, except for specific exceptions provided for by the law. Therefore, fideiucommissums are prohibited except for the protection of persons with physical and / or mental minorities.

The inheritance must be accepted. Acceptance can be expressed or tacit.

Express acceptance is made with a “formal” declaration made in court or before an Italian notary.

Tacit acceptance is not a formal act but a behavior of the heir from which his or her willingness to accept is presumed. For example, a relevant behavior can occur if children rent or sell the deceased parent’s house. In this case, the inheritance is considered accepted.

Note: in Italy heir acquires not only the rights but also all the debts of De Cuius. Therefore, in case of unclear financial situations, it is advisable to accept the inheritance through a particular form called “acceptance under benefit of inventory” (accettazione con beneficio di inventario) which allows to limit the responsibility of the heir to the value of the assets received from the succession.

Each person is free to dispose of their assets through a will. Failing this, the succession will be devolved according to the procedures established by the Italian civil code. However, the freedom to dispose by means of a will has two limits:

• minors and people incapable of understanding and acting cannot make a will;
• some categories (e.g. spouse and children) cannot be excluded from the succession. Whatever the case, a portion of one’s assets is always available and can be left to any person or entity.

The Italian will can be holographic (handwritten on any sheet and does not require witnesses), public (drawn up by the notary and kept in his archives) or secret (the testator delivers the will in a sealed envelope to the Notary who will keep it in the archives). For more details, refer to the article on how to draw up a will in Italy and how to proceed in the event of a will >>>

Italian law can also apply if the deceased is a non-Italian citizen.

The law applicable to the succession is identified by EU Reg. No. 650/2012 in the event that the De Cuius is a citizen of the European Union; in the case of non-EU citizens, the applicable law is identified by international agreements or, failing that, by law no. 218/1995.
According to the EU Reg. No. 650/2012, generally the law applicable to the succession is that of the State in which the deceased (EU citizen) had his habitual residence at the time of death; however, there are numerous exceptions, first of all the testator is free to choose the law applicable to his future succession.

Sampaoli & Pellacchia Law Firm offers its clients complete legal advice regarding tax, civil and purely practical aspects. As an intermediary of the Italian Taxation Bureau, the firm is able to deal with the presentation of inheritance declarations and the payment of the related taxes; our lawyers take care of the practices related to the acceptance of the inheritance and publication of the will. Each activity can be carried out remotely, subject to the release of a special power of attorney, which will be prepared in two languages and certified before an Italian court.

Each fulfillment will be illustrated in advance so that client will have full understanding of the activity to be carried out; client will also be advised on the initiatives to be taken in order to achieve the goal with the minimum expenditure of resources and energy. At client’s request, a de-briefing will be carried out.

Note: the declaration of succession must be presented within 12 months of the opening of the succession, which generally coincides with the date of the person’s death. More information on the declaration and how to remedy in case of late submission >>>

In the case of a spouse and direct relatives (children, grandchildren, parents) the Italian inheritance tax is 4% but must be paid only if the amount of the assets exceeds the value of 1 million euros. The inheritance tax, as well as the deductible, varies according to the degree of kinship. More details in this article >>>.

Regardless of the total value of the inherited assets, in the case of transfer of properties located in Italy, a registration tax (2%) and a cadastral tax (1%) must be paid if the heir does not have (or will not transfer) his residence. in the inherited property. Here you will find more details on how to calculate these taxes >>>