When a loved one passes away and the existence of a holographic will is discovered, it can be difficult to understand what to do and where to begin. The holographic will is a valid form of testamentary disposition handwritten by the deceased, but it has particularities that require attention. This guide is designed to accompany, step by step, those who find themselves facing a succession with a holographic will without legal experience. The aim is to help you correctly manage the inheritance, avoiding mistakes and uncertainties.
Validity of the holographic will: when it is legally recognised
The first step is to verify whether the document left by the deceased has the requirements to be considered a valid holographic will. By law, it must respect three fundamental conditions:
- be entirely handwritten by the testator (it is not valid if typed or written by third parties)
- contain the complete date: day, month and year
- be signed in autograph form, at the end of the text
In the absence of even just one of these elements, the validity of the holographic will can be contested. It is important not to make changes to the document and, in case of uncertainty, to turn to a notary for verification.
What to do with a holographic will: the initial steps to manage the inheritance
Once validity has been ascertained, the will must be published by a notary. Without this step, one cannot proceed with the succession. Here is what to do with a holographic will in the first steps:
- Keep the original document: it must not be tampered with, folded or damaged.
- Contact a notary: only a notary can draw up the publication record and authenticate the document.
- Publication of the will: the notary officially registers the document and deposits it with the Notarial Archive.
- Notify the heirs: all the beneficiaries indicated in the will must be informed.
From this moment on, the actual succession procedure can begin.
How to handle a succession with a handwritten will: documents and timeframes
To address the succession with a holographic will it is necessary to gather a series of documents and respect certain deadlines. The succession guide provides for the following steps:
- Request the death certificate of the deceased
- Obtain the extract of the birth certificate and the family record certificate of the deceased and of the heirs
- Recover any cadastral searches and patrimonial documents relating to the inherited assets
- Compile and file the inheritance declaration with the Agenzia delle Entrate, within 12 months from the date of death
Depending on the case, there may be further formalities, such as the payment of inheritance taxes or the cadastral transfer. At this stage too, it is advisable to rely on a professional to avoid mistakes.
