Our office prepares legal documents for filings in Italy. Our clients, typically residing outside of Italy, wish to sell Italian property or other Italian assets. One of our areas of concentration: Italian Inheritance law (Le successioni). As part of our service we advise and calculate Italian Taxes and other fees.
Non-Attorneys may contact us for assistance on Italian estate filing procedures.
|Certificati di Morte|
|Titoli catastali ed Atti di conservatoria|
|Informazioni su conti bancari e postali|
|Richiesta e registrazione testamenti|
|Dichiarazioni di successione|
|Successioni ereditarie, vendite, e donazioni|
|Compravendite e donazioni|
|Calcolo e pagamento imposte e tasse|
- General Power of Attorney (not recommended)
- Limited Power of Attorney (used for Italian property sales, property management, rentals)
- Delegation of Authority to accomplish a single operation
Italian death certificates are obtained in the Italian town in which the death occurred or where the deceased resided. However, our clients can obtain any certificate in short order by requesting them directly.
The Italian Government data base is organized in two parts: land only holdings (terreni) or buildings (fabbricati). The information contains exact map location of the properties, sizes, and owners on title, even if deceased many decades ago. The heirs of those deceased may file to take ownership according to Italian law.
Every Italian bank must maintain in their respective data base records all financial activity for 10 years. From the 11th year of non-activity funds are transferred to the Italian Government Repository in Rome. To claim funds one must know the name of the bank and the account number and have a closing statement of the bank before the funds were transferred to Rome.
A foreign will can be recorded in Italy and is considered valid. The recording of a will is filed in the succession department of the Italian courts.
Italian law gives precedence to the decedent’s will but also provides for a minimum share of the estate to the immediate family members (legittimari). Italian law also protects the decedents’ creditors. The filing of estates in Italy do not follow probate procedures
The rights of Heirs to Italian assets is accomplished with a succession filing recorded with the Italian Revenue Department, called the Agenzia delle Entrate.
The seller and buyer of Italian real estate usually agree on the terms of the sale in a Preliminary Contract (contratto preliminare) which may be officially recorded. The terms are legally binding with reimbursement of damages for violating or withdrawing from the final act, the escrow (Il rogito) or mandatory sale. The escrow must be recorded in in the Italian Government in the data based called “la conservatoria”. There is no such document called a deed in Italy. One may see the completed recorded transfer to the new owner(s) via the internet on-line.
Personal property taxes on Italian real estate are not sent to a property owner in the mail nor by email. Property taxes are not based on what is known outside of Italy as the “assessor’s valuation” but rather on a system called “rendita catastale” which sets forth the basis for the calculation of the amount, called IMU.
Property taxes in Italy are paid twice a year, typically through an Italian bank.
A foreign citizen and resident may obtain Italian citizenship commonly by “blood” (juris sanguinis) or by marriage (juris matrimoni).
All translations into Italian must pass the approval of Italian Consulate Legal Department of absolute completeness and exact nuance. The absence of these two criteria will cause a translation to be rejected. Difficulties arise when concepts based on common law (US, England, Australia, New Zealand) which do not match the reality Italian standards. The most arduous translations involve the verbiage of trusts, wills, and marriage settlement documents. Only very experienced translators, preferably those with Italian law degrees or Italian attorneys should be selected.