ITALIAN INHERITANCE BASICS - ITALIAN SUCCESSION LAW
(LE SUCCESSIONI)

Upon the demise of anyone holding title to assets in Italy, irrespective of nationality and living anywhere in the world, the Italian Civil Code speaks to the subject of succession law (commonly called "inheritance") and the subsequent rights of heirs. Italian law imposes what may be called "forced heirship", a term implying that specific relatives, including those not holding Italian citizenship, are entitled to a fixed proportion of a decedent's estate. In some cases, even illegitimate children are considered heirs.

To see if you are eligible please take 1 minute to complete the eligibility questionnaire.

Summarily stated, there are three scenarios that describe variations on the theme of succession:

• Legal Succession (also known as Intestate Succession)

  Legal Succession applies where the deceased has not left a will; in this case, it is the law that establishes who is to inherit the decedent's estate. Successors in title (children or grandchildren) or relatives in ascending line (parents or grandparents) up to the sixth degree may participate, including illegitimate children.

  For visual diagram representing the quota /shares to be received by Italian and non Italian heirs, click here.

• Testamentary Succession (deceased with a will)

  Testamentary Succession applies when the deceased leaves a will in which the heirship follows the distribution of assets as mandated by law. The rights of the heirs are also indefeasibile by law. The will must be drawn up in writing (an oral will is not valid) and can be revoked at any time.

• Succession by necessity ("non-conforming" will)

  Succession by necessity recognizes and redirects a misappropriation by the deceased of the shares. In this case, the law recognizes the obligatory rights of successors to share in the estate, even if the deceased did not provide for them.

If you have family or roots in Italy and have lost track of the family real estate or other assets, it would be wise, before the statue of limitations runs out, to obtain more information. You may fill in the form in the Contact Us section of this website, stating your situation briefly. We will review your documents and, if necessary, locate an attorney(s) in Italy for you.