Which is the competent authority?
Who should I contact?
Last update: 10/3/2012
The estate devolves to the heir without any specific procedure, provided that the latter accepts it. An heir’s acceptance may be express or tacit (where, for example, the heir is in possession of the succession property). The acceptance time limit is 10 years .
The express acceptance of an inheritance occurs when the person designated as heir declares that he/she accepts or assumes the status of heir in a notarial deed or in a private document
In accordance with consular law the consular authorities transmit declarations of the acceptance or renunciation of the inheritance to the competent authorities.
Detailed information
Which international rules of jurisdiction apply to the assets of a national or a foreign citizens?
The Italian rules of international jurisdiction (Article 50 p.i.l., law 218/1995) provide that, in matters regarding succession, Italian jurisdiction applies:
a) if the deceased was an Italian citizen at the time of death
b) if the succession is opened in Italy
c) if the assets of greater economic value that are part of the succession are located in Italy
d) if the defendant has his/her habitual residence in Italy or lives in Italy or has accepted Italian jurisdiction, unless the request concerns immovable property located abroad
e) if the request concerns assets located in Italy
Which international rules of jurisdiction apply to the assets of the deceased if located abroad?
Article 5 p.i.l. provides that Italian jurisdiction does not apply for immovable property abroad.
Which authority is responsible for the succession procedure?
Express acceptance of the succession can occur when, with an authentic instrument or a private agreement, a declaration of acceptance is made or the title of heir is taken on (Article 475 Civil Code). Acceptance under benefit of inventory (Article 484 Civil Code) occurs through a declaration issued by a civil law notary or a clerk of the competent court where the succession is opened. Inheritance rights (Article 519 Civil Code) can be renounced before a civil law notary or clerk of the competent court where the succession is opened. Article 41 of the Consular Act regulates the powers of the Consul in this matter.
How and by whom is the succession procedure instigated?
There is no procedure.
How is the heir’s capacity checked?
There is no provision for such a check.
Can or must an inventory of the estate be drawn up?
No, only in certain procedures, such as acceptance under benefit of inventory.
Is there a system regarding the administration of the succession?
Only in specific cases, such as a vacant succession.
How is the succession procedure closed?
There is not normally any procedure.
How is the estate transmitted to the heirs/legatees?
With acceptance of the estate, given that acceptance can be express or tacit. The legacy is acquired without needing to accept it (Article 649 Civil Code).
