Persons interested in Inheritance Law in Italy should hire a specialist in the field. With the assistance of our Italian inheritance lawyers, one can understand how the assets are distributed within the family. Please review this article, then reach out to us for personalized assistance with this matter.
| Quick Facts | |
|---|---|
| Who can inherit family wealth? | Spouses, children, parents, and other relatives, depending on the family status and priority. |
|
What types of assets can be inherited? |
– properties, – money, – government bonds, – businesses, etc. |
|
What is “legitimata”? |
A forced share where some family members are automatically entitled to a part of the wealth of the deceased. |
| Fixed share in Italy | A fixed part of the estate is passed to the spouse, children, and ascendants. |
| What is forced heirship in Italy? |
The legal succession is legally distributed to close family members, no matter the place of residence or nationality. |
| What happens to the assets if there are no children? |
The surviving spouse receives 50% of the estate. |
| Distribution if there is one child in the family |
Both the child and the spouse are entitled to a 50% share of the wealth. |
| Distribution in case of more surviving children |
The spouse inherits 1/3 of the estate, while the rest of it is equally distributed to the children. |
| Assets distribution in case there are no spouses and children |
The wealth passes by to the next line of succession, respectively the parents and other siblings. |
| Distribution of assets to children from a previous marriage (YES/NO) | YES |
| Mediation and arbitration for inheritance disputes offered (YES/NO) |
YES |
| The importance of a will in Italy |
For a proper distribution of assets in the family, according to the Inheritance Law in Italy. |
| Who gets the inheritance in case there is no will? |
The priority degree is taken into account, and in this case, it is about close family members, respectively spouse, and children. |
| Inheritance tax in Italy |
4% imposed on assets worth more than EUR 1 million in the case of close family members |
| Why work with our Italian lawyers? | We can explain to you what the will entails, how the family distribution is done, and what happens from a legal point of view if there is no will. |
| Finding if there is a will left | Our Italian lawyers can inquire with the Italian Bureau and Will Register. |
|
Property disputes |
In case foreigners demand their rights (for instance children from a previous marriage), although the estate inheritance for them is not mentioned in a will. Specific documents must be provided. |
|
Who is responsible for inheritance tax in Italy? |
The heirs accepting the inherited estate |
| Can an heir renounce the right of inheritance? | Yes, especially if the tax is worth more than the property value. |
| What is alternative dispute resolution? |
Mediation and arbitration for family inheritance cases. A neutral private judge can be implicated. |
| Can forced heirs challenge a will in an Italian court of law? |
Yes, the action is called “azione di riduzione”. |
| Is a will an obligation in Italy? |
No, but it is highly recommended. |
| Can an Italian lawyer help me make a will? (YES/NO) |
YES |
| Holographic will |
Accepted by the Italian Civil Code. This is normally presented at the notary for publication when a person is deceased. |
| Is international will accepted in Italy? (YES/NO) | YES |
| Revocation of will dispositions |
Not recognized by the Italian Civil Code. A new will can be drafted. |
| Types of notarial wills |
Secret or public |
| Witnesses required when signing a will (YES/NO) |
YES |
| Assisting heirs in the first instance |
Yes, we assist in the first instance and also explain the legal rights. |
| Support for property transfer tax | On request |
Table of Contents
How is inheritance done in Italy?
Forced heirship, even if a will is left behind.
Who governs the inheritance in Italy?
The Italian Civil Code.
Can foreigners inherit assets in Italy?
Yes, they enjoy the same rights as Italians as long as the assets in question are in Italy. International private laws also apply in certain cases.
Who inherits the assets in Italy after a death?
- Spouse,
- Children,
- Parents,
- Other relatives, considering the family circumstances.
IMPORTANT: According to Italian law, if there are no successors/beneficiaries, the estate passes to the state.
Please discover the following infographic with information on this subject
What types of assets can be inherited in Italy?
- Real estate,
- Money/bank accounts,
- Business interests & shares,
- Intellectual property,
- Investments,
- Vehicles,
- Valuable collections, etc.
What is the reserved share in Italy?
The reserved share is the same thing as forced heirship and guarantees that a specific portion of the estate goes to the close family members.
Does Italy recognize foreign testaments?
Yes, if they comply with the Italian and international laws. In this case, notarization and apostille are required before presenting the will in question to the authorities in Italy.
Do beneficiaries need to pay the debts left behind by the deceased?
Successors can:
- accept the inheritance, ask for inventory, and limit the liability to the value of the received/inherited assets,
- renounce the inheritance to pay the debts.
We also invite you to watch a video about inheritance in Italy:
Do I need to register the inherited properties in Italy?
Yes, it is mandatory.
How is the asset distribution done in an inheritance process in Italy?
The spouse and children receive 50% of the assets.
What happens if there are no children to inherit the assets?
The surviving spouse can receive 50% of the assets.
How is the asset distribution if there are no surviving spouses and children?
The estate is passed on to the parents, grandparents, and other siblings.
Can children from previous marriages inherit assets?
Yes.
Can I get assistance in finding if a will is registered in Italy?
Yes, our Italian attorneys can perform specific verifications upon request from our customers.
What is the inheritance tax in Italy?
- direct family relatives – 4% tax rate for more than EUR 1 million/person,
- siblings – 6% tax rate for more than EUR 100,000 inherited per person,
- other types of relatives – 6% tax rate regardless of the inherited amount,
- other individuals (unrelated) – 8% tax rate on the entire inherited estate.
NOTES:
- there is no inheritance tax imposed on properties that are used as a primary residence or a first home.
- inherited government bonds and life insurance policies are not subject to inheritance tax in Italy.
Are there any inheritance-related precautions in Italy?
Yes, Foreigners living in Italy and receiving assets after a person’s death must present their Codice Fiscale to begin the inheritance process.
If you are ready to explore more about inheritance in Italy or simply need legal advice on asset distribution, feel free to contact our Italian law firm.