Your father has passed away and has not left written dispositions. What happens now? Who is entitled to the inheritance? And how is everything handled, without making mistakes?
When a loved one dies without having drawn up a will, Italian law intervenes with a procedure called intestate succession. In this case, the estate is divided among the so-called ab intestato heirs, that is those whom the law recognises as entitled to receive.
Facing a succession without a will can seem complicated, but knowing the fundamental steps allows one to act with greater confidence. This guide aims to offer practical and reassuring guidance for those who must manage the inheritance of a relative without written instructions.
When intestate succession applies
Intestate succession applies when a person dies without a will, or if the existing one is null, revoked or does not concern the entire estate.
In such cases the law comes into play, establishing an order of heirs aimed at ensuring family continuity and a fair distribution of assets. This order is objective and does not take into account personal preferences not formally expressed.
Who are the legitimate heirs and how the estate is divided
The legitimate heirs are identified by law according to a scale of priority. Here is the order in which they are called and the criteria used to apportion the estate:
- Spouse and children: they are the first to be called. The estate is divided into parts established by law: half to the spouse, the other half among the children. If there is only one child, the division will be in equal parts.
- Spouse and other relatives: if there are no children, the spouse divides the inheritance with parents, brothers or sisters of the deceased.
- Relatives only: in the absence of the spouse, one proceeds with the children, parents or siblings, depending on their presence.
- Relatives up to the sixth degree: only in the absence of closer family members, one looks to uncles/aunts, cousins, and more distant relatives.
- The State: if there are no identifiable legitimate heirs, the entire inheritance devolves to the State.
Understanding who is entitled is essential to avoid conflicts and to ensure that the distribution takes place in compliance with the rules.
Succession without a will: the steps to follow without making mistakes
When there is no will, there are some practical steps to be addressed with care:
- Verify the absence of a will: ensure that no will is deposited with a notary or in holographic form.
- Gather the necessary documents: death certificate, family record certificate of the deceased and of any heirs, cadastral searches, title deeds.
- File the inheritance declaration: it must be filed within 12 months of death with the Agenzia delle Entrate, with the documentation attached.
- Accept or renounce the inheritance: each heir can decide whether to accept the inheritance, possibly with beneficio d’inventario, or to renounce.
- Manage the division between heirs: if the estate is composed of several assets or properties, it is advisable to proceed with a deed of division to avoid disputes.
The management of the succession without a will requires care, but following these steps allows one to avoid mistakes and act in compliance with the law.
Why knowing the rules of intestate succession makes the difference
Knowing the rules of intestate succession allows one to face with more peace of mind a delicate and often confusing moment. Knowing who the ab intestato heirs are, what rights they have and how the estate is apportioned, is the first step to prevent misunderstandings and family tensions.
Each succession case has its own particularities. In complex contexts, such as those with heirs residing abroad or articulated estates, discussion with a professional can make the path clearer and less burdensome. And knowing that one can rely on those with concrete experience often makes the difference.
