Inheritance matters can become particularly complex when the estate includes property or other assets located in Italy, especially when heirs live in different countries or are unfamiliar with Italian succession law.
Studio Legale Polidoro assists Italian and international clients with inheritance and succession matters involving Italian assets, with particular attention to inherited houses, apartments, land and other real estate. Legal assistance may include the identification of the relevant legal issues, examination of the estate and available documentation, assessment of the heirs’ position and support in resolving disputes concerning inherited assets.
Inheriting Assets in Italy
An Italian succession may involve several different questions before the estate can be divided, managed or transferred.
These may include:
- identifying the heirs and their respective rights;
- examining the existence and legal effects of a will;
- determining the composition of the estate;
- accepting or renouncing the inheritance;
- evaluating inheritance-related debts;
- managing property owned jointly by several heirs;
- assessing previous donations;
- dividing inherited property;
- resolving disputes between heirs.
When real estate forms a substantial part of the estate, these issues are often closely connected.
Succession With or Without a Will
Under Italian law, an inheritance may be governed by a will or, where there is no will, by the rules of intestate succession established by law.
A succession can also be partly testamentary and partly governed by statutory rules when the will does not dispose of the entire estate. Italian law also protects certain close family members through reserved inheritance rights, which may limit the freedom of a testator to dispose of the entire estate. Notariato
For this reason, the existence of a will does not always resolve every succession issue.
The legal position of the heirs must be assessed together with the contents of the will, family relationships, the composition of the estate and any previous transfers made by the deceased.
Acceptance or Renunciation of an Inheritance
Becoming an heir is not always automatic.
Under Italian law, an inheritance must be accepted. Acceptance may be express or may result from conduct that legally demonstrates the intention to accept the inheritance. Once an inheritance is accepted, the heir may also become responsible for the deceased’s debts. Notariato
Depending on the circumstances, a person called to inherit may therefore need to consider whether to:
- accept the inheritance;
- renounce the inheritance;
- accept with the benefit of inventory.
Acceptance with the benefit of inventory is intended to keep the heir’s personal assets separate from the inherited estate and can limit liability for the deceased’s debts to the value of the inherited assets. Notariato
These choices can have significant legal consequences and should therefore be assessed before actions are taken that could amount to tacit acceptance.
Inherited Property in Italy
Real estate frequently represents one of the most important assets in an Italian inheritance.
A house, apartment or plot of land may pass to several heirs at the same time, creating a situation of joint ownership.
The heirs may then need to decide whether the property should be:
- retained and managed jointly;
- used by one or more heirs;
- rented;
- sold;
- assigned to one heir as part of a division;
- divided together with the other assets of the estate.
Before making these decisions, it is important to determine the ownership shares of each heir and understand whether any legal or practical issues affect the property.
Property Shared Between Several Heirs
Joint ownership can become difficult when heirs have different objectives.
One heir may wish to sell the property, another may want to keep it, while another may live abroad and have little involvement in its management.
Disputes can concern:
- use of the property;
- expenses and maintenance;
- rental income;
- occupation by one heir;
- decisions concerning sale;
- division of the estate;
- the value attributed to inherited assets.
Studio Legale Polidoro assists clients in assessing possible solutions and, where necessary, in negotiations, mediation or judicial proceedings concerning inherited property.
Previous Donations and the Rights of Heirs
Previous donations made by the deceased can also become relevant when reconstructing the estate and determining the rights of the heirs.
This is particularly important when real estate or other significant assets were transferred during the deceased’s lifetime.
Depending on the circumstances, previous donations may need to be examined together with the will, the remaining estate and the rights protected by Italian succession law.
A proper legal assessment can therefore require reconstructing not only the assets existing at the time of death but also relevant transactions carried out previously.
Cross-Border Inheritance and International Heirs
Inheritance matters become more complex when the deceased or the heirs have connections with more than one country.
For example:
- the deceased lived abroad but owned property in Italy;
- an Italian citizen lived permanently in another country;
- heirs live in the United States, United Kingdom or elsewhere;
- the estate contains assets located in several jurisdictions.
For cross-border successions within the framework of EU Regulation No. 650/2012, the applicable law is generally linked to the deceased’s habitual residence at the time of death, subject to the rules and exceptions provided by the Regulation. The Regulation also has universal application, meaning that the law designated under its rules may be the law of a non-EU country. Eur-Lex
This means that the location of property in Italy is only one of the elements that may need to be considered in an international succession.
Italian Property in an International Estate
When a foreign estate includes property located in Italy, local legal and administrative issues may still need to be addressed.
These can concern:
- identification of the heirs;
- Italian property records;
- transfer of ownership following succession;
- relations between co-heirs;
- management or sale of inherited property;
- Italian succession formalities;
- coordination with professionals in another jurisdiction.
Studio Legale Polidoro can assist international heirs in understanding the Italian aspects of the succession and coordinate, where necessary, with notaries, tax professionals and foreign advisors.
Declaration of Succession in Italy
A succession involving Italian assets may also require the filing of an Italian declaration of succession.
Under current Italian rules, the declaration generally has to be filed within 12 months from the opening of the succession, normally corresponding to the date of death, subject to specific exceptions. The declaration identifies the successors and the assets forming part of the estate and is connected with the applicable inheritance taxes and cadastral procedures. Notariato
Legal assistance can help determine which issues need to be resolved before or alongside these formal requirements.
Inheritance Disputes in Italy
Disputes may arise at different stages of a succession.
They may concern:
- the validity or interpretation of a will;
- identification of heirs;
- reserved inheritance rights;
- previous donations;
- acceptance or renunciation;
- debts of the estate;
- management of inherited property;
- division of assets;
- sale of jointly inherited real estate.
The first step is usually to reconstruct the legal and patrimonial situation and determine the position of each party before deciding whether negotiation or litigation is appropriate.
Legal Assistance for Heirs Living Abroad
Living outside Italy does not necessarily require an heir to manage every step of an Italian succession personally in Italy.
Many legal and administrative matters can be handled with professional assistance and, where legally appropriate, through powers of attorney or coordination with the professionals involved.
Studio Legale Polidoro assists international clients in understanding the documentation, legal consequences and available options before important decisions are made.
Inheritance and Real Estate Law
Inheritance and real estate law are often closely connected.
An inherited property may have to be identified, transferred, managed, divided or sold. Previous donations or earlier property transactions may also affect the succession.
For this reason, Studio Legale Polidoro approaches succession matters involving real estate within a broader property-law framework:
inheritance → ownership → management → division or transfer.
This approach is particularly useful when property represents a substantial part of the estate.
Need Assistance With an Italian Inheritance?
Studio Legale Polidoro provides legal assistance in inheritance and succession matters involving assets and property located in Italy.
Need Legal Assistance With an Italian Inheritance?
Contact Studio Legale Polidoro for legal assistance with inheritance and succession matters in Italy, including inherited property, heirs’ rights, acceptance or renunciation of inheritance, division of assets and disputes between heirs.
Via Roma 85
00043 Ciampino (Rome), Italy