Acceptance of the inheritance in Italy
Acceptance of the inheritance is a mandatory step to acquire the rights and responsibilities connected to the inheritance assets, and this also applies to foreign citizens residing in Italy or abroad who inherit assets located in our Country.
When a foreign citizen is called to inherit assets in Italy, it proves of fundamental importance to understand the development of the legal process concerning the acceptance of the inheritance, turning to a lawyer specialised in such area, as it is a fundamental step to acquire the patrimony.
Preliminarily, it must be specified that for foreign citizens the acceptance of the inheritance in Italy may require the verification of any conflicts of laws between the Country of origin and the Italian one, with it being necessary to check whether Italian law applies or that of the heir’s Country of provenance.
Based on EU Regulation n. 650/2012, cross-border successions are regulated by the law of the Country in which the deceased had habitual residence at the moment of death, unless they have expressed the choice to apply a different law in the will.
That said, according to the Italian legal system, to become an effective heir, it is necessary to perform a deed of acceptance of inheritance. Such acceptance can be express or tacit.
Express acceptance is concretised in a formal declaration made before the notary with public deed or with private writing, while tacit acceptance is deduced from acts that presuppose the will to accept the inheritance from the moment in which the subject performs actions that they could perform only in their capacity as heir (by way of example, think of the sale of a property, the payment of inheritance debts, the initiation of a judicial action aimed at obtaining the division of assets, and so on).
For a foreign citizen the process can be even more articulated and therefore seem complicated, especially if they reside abroad, or if the inheritance patrimony is located in multiple countries.
For this reason, relying on Boschetti Studio Legale is the first step to take to avoid incurring cumbersome procedures, disputes, lapses and other criticalities.
The Italian legal system allows both the acceptance of the inheritance for foreigners in Italy, and residents abroad to accept an inheritance in Italy, but requires some particular obligations, with specific procedures to be followed.
For example, it might be necessary the translation and legalisation of foreign documents, in addition to the appointment of a legal representative in Italy, to manage the formal deeds.
It is in fact useful to remember that, should one not decide to formally accept the inheritance within a certain period of time, one might also lose the right to claim it. For those who are not experienced in the Italian legal system, the risk of errors or omissions is very high, for which reason relying on a lawyer for cross-border inheritance questions is essential.
- Inheritance
- Acceptance of the inheritance
- Actions to protect the inheritance
- Renunciation of the inheritance
- Inheritance collation
- Consensual inheritance division
- Judicial inheritance division
- Acceptance of inheritance with benefit of inventory
- Inheritance representation
- Inheritance shares with and without a will
- Inheritance and donation
- Inheritance to grandchildren
- Digital inheritance
- Petition for inheritance
- Division of the inheritance community
- Lying inheritance
- Inheritance for de facto couples
Legal advice for the inheritance of citizens residing in Italy
The acceptance of inheritance by a foreign citizen, or by a person residing abroad, often requires the support of a legal professional competent in matters of inheritance law, especially when the patrimony includes real estate or financial assets, since it is a deed from which important consequences derive.
The advice of a lawyer for questions of inheritance nature, also of international character, is essential to ensure that all formalities are respected and that the foreign heir can rapidly acquire assets and rights pertaining to them, by law or by will.
Boschetti Studio Legale deals with all aspects linked to international succession, facilitating the process of acceptance of the inheritance both for foreigners living in Italy, and for those who reside outside the Italian Country.
The intervention of a lawyer to consciously choose what type of inheritance acceptance to perform is extremely important, because deciding to do it in express form (with public deed or private writing) or tacit (performing acts of disposal with the inheritance assets, for example) can depend on various circumstances, having significant legal implications.
The significant experience matured by the lawyers of our team, in fact, has avoided in many cases errors that could entail the assumption of unwanted responsibilities, especially in cases of inheritance burdened by debts.
Among other things, when the heir is not sure of the liabilities associated with the inheritance, there is the possibility of accepting it with the benefit of inventory, limiting their liability only to the inherited assets.
Another relevant aspect that can be deepened in advisory session at Boschetti Studio Legale is the possibility for the foreign citizen, when personally unable, to appoint a legal representative in Italy who can perform the deed of acceptance of inheritance in their place.
Our law firm for international successions provides complete assistance in all phases, from the verification of the validity of the will to the management of the bureaucratic formalities.
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.
How can we help you
If you are a foreigner residing in Italy and you have to face questions linked to the delicate moment of acceptance of the inheritance for foreigners in Italy, Boschetti Studio Legale can assist you with professionalism providing you with qualified and personalised assistance, simplifying the bureaucracy linked to the inheritance procedure and leading you to the acceptance of the inheritance in a conscious way, without errors.
We will take care of your case, from the retrieval and translation of documents to the deed of acceptance of the inheritance, in full compliance with the regulation in force.
The objective of Boschetti Studio Legale is to make the process simpler and safer for you, avoiding any legal complication and protecting your rights as heir.
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
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Days: Monday – Friday
Opening hours: 9.00–13.00 / 16.00–20.00
How much does a lawyer for inheritance cost?
The cost of a lawyer for an inheritance case varies based on the complexity of the case, on the value of the inheritance assets, and on the rate applied by the law firm.
The expenses can be established on a fixed basis or in percentage based on the value of the inheritance, in addition to other costs for the advice with the trusted professional.
Which lawyer to turn to for inheritance?
For questions linked to inheritance, it is advisable to turn to a lawyer specialised in inheritance law. They will assist you in the management of the inheritance practices, in the drafting of the will when it is not under notarial competence, or in the resolution of potential conflicts among heirs.
How long do the heirs have to accept the inheritance?
The heirs generally have ten years to accept the inheritance, starting from the date of opening of the succession, coinciding with the date of death of the deceased.
However, in some particular cases (for example, an heir under guardianship or curatorship, or in the case of victorious experiment of the interrogatory action), this term can be shortened on request of the interested parties or by decision of the competent judge.
How to do acceptance of inheritance without a notary?
Acceptance of inheritance without a notary is possible through a written declaration at the registry of the Tribunale of the place where the succession was opened.
This declaration must be made by the heirs or through a legal representative of theirs.
Among other things, acceptance without a notary can also be configured in the case of acceptance occurred tacitly, when the heir performs acts that imply the intention to accept the inheritance.
