Succession in Italy
Inheritance succession is a complex passage that regulates the transfer of the patrimony of a deceased person, comprising assets, rights and obligations, to their heirs. For this to take place validly, it is necessary to follow precise legal fulfilments, including the declaration of succession for heirs, a mandatory passage to formalise the transfer of assets.
The forms in which succession can present itself are the following:
- Testamentary succession: regulated by a will, allows designating heirs and legatees or disposing of assets in a personalised manner.
- Legitimate succession: applied in the absence of a valid will, provides that the law identifies heirs and shares, following a precise order of kinship.
- Necessary succession: occurs when a will does not respect the rights of the forced heirs, that is to say the closest relatives, who have the right to a share of forced heirship.
There are also particular cases of succession, such as the sole heir succession, in which a single person takes over the totality of the rights and obligations of the deceased, or partial succession, where the legatee receives only specific assets or patrimonial relationships. It is also fundamental to distinguish between heir and legatee: only the heir is liable for inheritance debts in proportion to the accepted share, while the legatee is responsible only within the value of the legacy.
For those who wish to control financial risks, acceptance with benefit of inventory is a useful instrument. It allows separating the personal patrimony of the heir from that of the deceased, limiting the costs for the inheritance with benefit of inventory and protecting one’s personal patrimony.
The management of succession matters can be particularly demanding, especially in the presence of complex situations such as assets abroad, foreigners residing in Italy, persons residing abroad or disputes among co-heirs. Knowing whom to turn to for succession matters is fundamental to face this moment with serenity. With the experience of its team of lawyers specialised in inheritance law and in international successions, Boschetti Studio Legale provides assistance and legal advice on every profile that may concern these matters, from the declaration of succession for heirs to the division of patrimony, to the promotion of actions of reduction, ensuring professionalism and competence for management of the succession to perfection.
- Succession
- Declaration of succession
- Inheritance succession
- Legitimate succession
- Testamentary succession
- International succession
- Succession planning
- Business succession
- Generational transition of the business
- Family pacts
- Patrimonial planning
- Inheritance pacts
- Inheritance retraction
- Patrimonial segregation mortis causa
- Particular phenomena of succession
Practical aspects for the declaration of succession
Inheritance succession is a process that opens with the death of a person and entails the transfer of their patrimony to the successors. Death is not only a question that affects the sphere of affections, but also has important legal and bureaucratic implications that it is fundamental to know. For this reason, our Studio Legale provides specialised advice to guide you through every phase of the succession.
First of all, it is important to understand that succession can take place in two ways: by universal title, where the heir takes over the totality of the rights and obligations of the deceased, or by particular title, where the legatee receives only specific assets or rights. The heirs, unlike the legatees, also take over the debts of the deceased and their position is concretised only with the acceptance of the inheritance.
Among other things, regardless of the existence of a will, within one year of the death it is necessary to submit the declaration of succession to the Agenzia delle Entrate. This declaration is a document that lists all the assets and rights of the deceased, from real estate to current accounts, from shares to bonds. It is a crucial fulfilment to define the transfer of ownership and for the calculation of the taxes due. Among the subjects obliged to submit the declaration we find:
- those called to the inheritance
- the heirs who have accepted the inheritance
- the testamentary legatees
- the legal representatives of the heirs or legatees
- those who hold the assets of the deceased
The declaration of succession, since 2019, must be transmitted electronically, preferably through a delegated professional. Together with the submission of the declaration of succession, it is necessary to provide for the payment of mortgage, cadastral and stamp taxes. The amount of these taxes depends on the value of the inherited patrimony and on the relationship of kinship with the deceased. There are exemptions that reduce the taxable base for spouses, relatives in direct line, brothers and sisters.
After submitting the declaration, paying the taxes and obtaining the certificate from the Agenzia delle Entrate, the heirs can proceed with the liquidation and division of the assets of the deceased. For real estate, the Agenzia delle Entrate will deal with transmitting the declaration of succession to the Cadastre and to the Conservatory for the updating of data.
Inheritance law is a complex and continuously evolving matter. For this reason, relying on specialised professionals is the safest and most logical choice. Boschetti Studio Legale, with the experience of its team of lawyers experienced in successions, can assist you in every phase of this process, also taking care for you of the transmission of the declaration of succession, thus avoiding the emergence of errors and critical issues.
Declaration of succession: key aspects and fulfilments
The declaration of succession is a crucial passage for the correct management of the succession. Our team of specialised lawyers provides targeted advice and practical support in all phases of the succession matter, ensuring a complete service to avoid difficulties or errors.
The specific practical aspects, as well as the instructions for the declaration of succession to be taken into consideration, are:
- Timing and modalities of submission: the declaration of succession must be submitted to the Agenzia delle Entrate, that is to say where the succession is to be declared for the heir, within twelve months of the date of death, following the electronic modalities provided for by law. This implies the need to avail oneself of authorised professionals for the compilation and sending of the document, in order to avoid errors and delays in the procedure.
- Subjects obliged: in addition to heirs and legatees, those who, although not direct successors, find themselves in possession of inheritance assets are also required to submit the declaration. This inclusion underlines the importance of careful assessment of all positions involved in the succession.
- Content of the declaration: the declaration must include all assets and rights of the deceased. However, it is fundamental to specify that some types of assets are excluded from the inheritance assets, such as for example severance pay (TFR) and work indemnities or life insurance policies, and therefore must not be indicated in the declaration.
- Taxes and exemptions: the amount of taxes due varies based on the degree of kinship with the deceased and on the value of the inherited patrimony. It must be specified that there are exemptions that reduce the taxable base for spouses and relatives in direct line, as well as for brothers and sisters, while, for those with severe disabilities, a higher exemption is provided. It is crucial to carefully assess individual family situations to determine the exact amount due and any fiscal benefits deriving from the declaration of succession.
- Acceptance of the inheritance: the acceptance of the inheritance can take place in express or tacit form. It is good to know that, once the inheritance has been accepted purely and simply, it is not possible to convert it into acceptance with benefit of inventory. Acceptance with benefit of inventory is useful when the patrimonial situation of the deceased is not known or if it is suspected that debts exceed assets, allowing the heir not to be liable for inheritance debts with their own patrimony. This fundamental passage is formalised through a deed of succession carefully drafted.
- Cases of exemption: in addition to the exemptions, there are cases of total exemption from the payment of inheritance taxes, such as for example for transfers of businesses, business branches, or for particular types of securities and corporate participations.
- Liquidation and division: once the declaration has been submitted, the taxes paid and the certificate obtained from the Agenzia delle Entrate, the heirs can proceed to the liquidation of the assets and the division of the shares, completing the succession matters in compliance with the regulation in force.
Relying on Boschetti Studio Legale means having at one’s side a team of experts able to manage the declaration of succession in an efficient and transparent way, from the phase of gathering documents to the correct application of fiscal regulations. Thanks to our team of lawyers experienced in inheritance law, addressing a succession matter becomes a fluid process free of traps. Contact us for personalised advice and to discover how we can support you best in this important journey.
Which documents are needed for the succession
Starting a succession matter may seem an arduous task, especially in an emotionally delicate moment. However, with the assistance of professionals who are able to indicate to you what the fulfilments to be done are and the correct documentation to gather, it is possible to address this process in a more serene and efficient way. Boschetti Studio Legale, thanks to its consolidated experience in inheritance law, is at your side to guide you step by step, ensuring that nothing is omitted or left out.
Gathering all the documents to be attached for the succession is the first and fundamental step for a well-managed succession. Among the most relevant, the death certificate, the personal and fiscal documents of the deceased and of the heirs, and documentation attesting to the composition of the patrimony, including real estate, bank accounts, and possible debts or credits. Any testamentary provisions, insurance policies and deeds relating to donations or declarations of acceptance/renunciation complete the framework necessary to face the matters with clarity and precision.
The list of necessary documents may vary from case to case. The complexity of the succession varies depending on individual situations, and only an in-depth analysis of the specific case can determine the exact list of necessary documents. Relying on Boschetti Studio Legale means having the certainty of not leaving out any detail and of being guided in the correct identification and gathering of the necessary documents, as well as being supported in all phases of the succession, from the submission of the declaration of succession to inheritance division. Contact us for personalised advice and to discover how we can help you to face this path with serenity and security.
Typical scenarios / Case studies
The typical scenarios have been developed by combining the most significant family law situations that our firm regularly handles, creating structured and realistic examples designed to help readers better understand and navigate their own legal matters. The case studies, on the other hand, are based on real cases handled by our firm, with all personal data and identifying details anonymised to protect client confidentiality.
Registering a cohabitation agreement and regularising the status of a foreign partner
A couple living in Rome, consisting of an Italian citizen and his foreign partner without valid residence documents, sought legal protection for their relationship. An urgent application under Article 700 of the Italian Code of Civil Procedure was filed to safeguard their cohabitation, followed by proceedings to obtain an EU family member residence card.
Adult adoption to legally recognise a de facto family relationship
A United States citizen living in Rome sought to formalise a long standing family relationship with his uncle by marriage through adult adoption. Proceedings were brought under Articles 291 et seq. of the Italian Civil Code to obtain legal recognition of their established family bond.
Cohabitation agreement for an Italian Brazilian couple: protecting assets and securing residence rights
An Italian entrepreneur and his Brazilian partner had been living together in Milan for three years. Their situation involved three interconnected legal vulnerabilities relating to immigration, asset protection and succession planning, all addressed through a coordinated legal strategy.
Adoption in Colombia: an Italian couple fulfils their dream after a three year journey
A couple married for eight years embarked on an international adoption in Colombia. The procedure involved two legal systems, three Italian institutions and the Colombian Central Authority, requiring careful coordination throughout every stage of the process.
Succession involving heirs in four different countries: coordinated management across Italy, the United States, the United Kingdom and Switzerland
An Italian entrepreneur left assets located in Italy, the United States and Switzerland, with four heirs residing in four different countries. The matter required the parallel coordination of four legal systems and four tax regimes.
Adult adoption of a partner’s child: legal recognition of a twenty year family bond
A fifty eight year old man seeks to adopt his wife’s thirty year old son, whom he has helped raise for twenty years. Although the relationship was genuine and long established, it had no formal legal recognition, with significant implications for the biological children’s inheritance rights.
Challenging a will for infringement of forced heirship rights: €800,000 recovered for the heirs
Two children inherited only €20,000 each under a will that left almost the entire estate to their late father’s second wife. An action to enforce their forced heirship rights was successfully resolved through mediation.
Succession planning for a family business: transferring a €3 million business to the next generation
A sixty two year old entrepreneur needed to transfer ownership of a company employing fifty people to the son who had been managing the business, while safeguarding the interests of his daughter, who had chosen a different career path. A family agreement and a holding structure ensured business continuity and long term stability.
International adoption by a single parent: when the law opens a path few people know exists
A forty five year old single woman embarked on an international adoption. Although legally possible, this route remains little known and requires a carefully planned legal strategy from the very first stage, beginning with the application for the certificate of suitability.
Digital inheritance: recovering cryptocurrencies and digital assets after death
A professional passed away leaving more than €600,000 in cryptocurrencies held across multiple wallets and exchanges, without providing any access instructions. A substantial digital estate was at risk of being lost forever.
Legal name change for a transgender person: aligning official documents with gender identity
A thirty two year old professional, who had been undergoing hormone therapy for eight years, still had official documents bearing the male name assigned at birth. This discrepancy repeatedly forced unwanted disclosure of her gender identity in professional, banking and administrative settings.
Legal gender recognition and the update of more than 20 official documents: from court judgment to a new legal identity
A forty five year old executive had already obtained a court order granting legal gender recognition but was then faced with the real challenge: coordinating the update of an identity card, driving licence, university degree, employment records, mortgage documentation and insurance policies across multiple authorities, each with different procedures.
Legal advice for the declaration of succession in Italy
The submission of the declaration of succession represents a crucial element in the context of Italian inheritance law. This fulfilment can often give rise to uncertainties and perplexities. Boschetti Studio Legale, thanks to the experience of its team of family lawyers, experienced in national and international successions, makes available a tailored and complete legal advice service, conceived to guide you effectively along the path of succession.
The declaration of succession, as we have seen, is a mandatory deed for the transfer of the assets of the deceased to the heirs, which must be submitted to the Agenzia delle Entrate within twelve months of the date of death. Such declaration must include all the assets and rights of the deceased, both movable and immovable, bank accounts, securities, shares and other values, but it is fundamental to know that some assets are excluded from the inheritance assets and must not be declared.
The complexity of Italian succession regulation makes the assistance of an experienced professional indispensable, especially for the correct compilation of the succession and income tax return, as well as for the calculation of the taxes due. The advice of Boschetti Studio Legale will allow you to:
- Verify the existence of a will and, if so, correctly interpret its provisions, including any appointment of heirs or legatees.
- Identify the legitimate heirs and their inheritance shares, also considering the possibility of necessary succession, where the law reserves a share of the patrimony to the closest relatives.
- Assess the opportunity of acceptance with benefit of inventory, where there are doubts on the consistency of the inheritance patrimony. We repeat that acceptance with benefit of inventory allows the heir not to be liable for inheritance debts with their personal patrimony, but it is a formal act that requires a specific procedure.
- Gather and analyse all necessary documents, which range from the death certificate, to identity documents, cadastral surveys, bank statements and documents relating to securities and shares, up to any documents that attest to donations made during life by the deceased.
- Calculate inheritance taxes due, taking into account the rates and exemptions provided for the various degrees of kinship, as well as any application of fiscal facilitations for those with disabilities.
- Manage the electronic submission of the declaration to the Agenzia delle Entrate, in a correct and timely manner.
- Assist you in the phase of liquidation and division of inheritance assets, including current accounts and real estate, in compliance with the law and with the wishes of the testator.
The advice of Boschetti Studio Legale is not limited to the mere compilation of the declaration, but also includes assistance in case of any disputes among heirs, the management of complex situations such as the presence of minor or incapable heirs, or the need to start actions of reduction for the protection of the rights of forced heirs. Whether you are foreigners residing in Italy or a person residing abroad, our law firm represents the ideal solution to address every question linked to the succession.
By relying on us, you will always be able to count on a lawyer for the management of inheritance matters, who will support you with competence and sensitivity. Our law firm for succession will guarantee you complete and qualified legal assistance. Contact us for advice and discover how we can help you to manage the succession efficiently and put your rights in safety.
Fill in the form to allow us to assess your case. We will contact you back within 48 working hours to inform you whether and how we can assist you.
This form is reserved for those who need legal assistance on a concrete situation. We do not provide free advice nor answers to generic queries by email. If you have a case that requires professional assessment, fill in the form: we will contact you back for a first exploratory meeting.
Via dei Gracchi, 151
00192 Rome – Italy
info@familylawboschetti.com
Phone: + 39 – 06 889 21971
By appointment only
Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
To which professional should one turn for succession?
The professional to turn to for succession is undoubtedly a lawyer specialised in inheritance law or a notary. If the situation involves complex or international patrimonies, choosing a well-structured firm with specific competences ensures greater serenity. An experienced advisor will know how to clarify doubts, prevent errors and ensure compliance with all legal obligations.
How much does it cost to have a declaration of succession done?
To know how much it costs to have a declaration of succession done, there is no other way than to request a quote from specialised firms. The cost varies based on the complexity of the matter and on the chosen professional. Expenses can include the fee, which often starts from €500, in addition to taxes such as inheritance tax and stamps.
Where is it best to do succession matters?
It is best to do succession matters directly at the Agenzia delle Entrate or through a qualified professional, such as a lawyer or notary. Relying on an expert is advisable to avoid errors and speed up the process, especially in complex cases or with significant inheritances. If you prefer security and convenience, a law or notarial firm with experience ensures precision and respect for deadlines.
