Accepting the inheritance
It can be express, by notarial deed, or tacit, when the heir does things that presuppose the intention to accept. For properties, registration in the property register is required.
Individuals · Inheritance
Declaration of succession in Turin
It is the moment when a family has to deal with paperwork at the worst possible time. The ordinary deadline is twelve months from the death, and in the meantime the bank accounts stay frozen and the properties remain registered to someone who is no longer here.
01 · The obligation
Who must file the declaration of succession
The obligation to file falls on the heirs, on those called to inherit who have not renounced, on legatees, on administrators of the estate and on the curators of an unclaimed estate. It is enough for just one of those obliged to file the declaration for all the others to be released from the obligation.
No declaration is needed when three conditions are all met: the estate passes to the spouse and relatives in the direct line, the estate assets are worth no more than one hundred thousand euros, and they include no property or real rights over property.
The practical consequence is clear: if the estate includes even a share of a property, the declaration must be filed anyway, even when there is no tax to pay. It is the most common mistake, and it comes to light years later when the property has to be sold.
A person called to inherit who intends to renounce must do so by a declaration received by a notary or by the clerk of the competent court. Until the formal renunciation, they remain among those obliged to file.
02 · Timing
The deadline and what happens if you miss it
The declaration is filed online with the Agenzia delle Entrate (the Italian Revenue Agency) within twelve months of the opening of the succession, which normally coincides with the date of death.
In some particular cases the deadline runs differently: for heirs who accept with benefit of inventory it runs from the end of the period for drawing up the inventory, and for curators of an unclaimed estate from their appointment.
If the deadline passes without filing, you can still put things right with ravvedimento operoso (voluntary correction), paying the tax due with a reduced penalty that grows with the delay. Correction remains possible until a tax assessment notice has been served.
- Day 0Opening of the successionCoincides with the date of death
- Within 12 monthsDeclaration of successionFiled online with the Agenzia delle Entrate
- At the same timeMortgage and cadastral taxesSelf-assessed and paid on filing, if there are properties
- AutomaticCadastral transfer (voltura)Requested together with the online declaration, except in cases that must be filed separately
- After assessmentInheritance taxCalculated by the tax office and paid by the deadline stated in the notice
03 · How much you pay
Tax-free allowances, rates and taxes on property
The Italian system is among the most favourable in Europe, with high tax-free allowances for close family. Inheritance tax applies only to the part of the value above the allowance, at different rates depending on how closely related you are.
- Mortgage tax (imposta ipotecaria): 2% of the value of the properties, with a minimum of €200.
- Cadastral tax (imposta catastale): 1% of the value of the properties, with a minimum of €200.
- First home relief: if at least one heir meets the requirements and applies for it, mortgage and cadastral taxes drop to €200 each.
- Stamp duty and special fees: fixed amounts due for filing and for the cadastral transfers.
| Beneficiary | Allowance per heir | Rate on the excess |
|---|---|---|
| Spouse and relatives in the direct line | €1,000,000 | 4% |
| Brothers and sisters | €100,000 | 6% |
| Other relatives up to the 4th degree and in-laws within the legal limits | none | 6% |
| Anyone else | none | 8% |
| Beneficiary with a recognised severe disability | €1,500,000 | according to the degree of kinship |
The value of properties is normally set using the cadastral method, which starts from the revalued cadastral income multiplied by the set coefficients. It is almost always lower than the market value, which is why the tax often turns out lower than people expect.
04 · Preparation
The documents to gather
This is the stage that takes longest, especially when the estate is complex or when the heirs do not have a full picture of the deceased person's affairs.
- Death certificate and self-certification of the family composition at the date of death
- Identity documents and codici fiscali (Italian tax codes) of all heirs and those called to inherit
- Will, if there is one, with the notarial record of its publication
- Up-to-date land registry searches for all properties, with floor plans
- Title deeds for the properties: purchase deeds, earlier successions, gifts
- Statements and balances of current accounts, savings books and deposits at the date of death
- Securities accounts and insurance policies, valued at the date of death
- Company shareholdings and interests, with Chamber of Commerce extracts
- Vehicles registered to the deceased, with registration documents
- Deductible liabilities: outstanding mortgages, tax debts, medical expenses for the last six months
- Documented funeral expenses, deductible up to the legal limit
- Earlier gifts made by the deceased during their lifetime, which reduce the allowance
The document that slows everything down
The bank certificate of balances at the date of death. It must be requested from each institution, and the time taken to issue it varies widely: from a few days to several weeks.
- Request it as soon as possible, not at the end
- It is needed for every relationship: accounts, savings books, securities accounts, safe deposit boxes
- If the deceased held joint accounts, their share must be stated
- Without these documents the declaration cannot be completed
05 · Consequences
Title transfers, releasing accounts and future taxes
The declaration does not close the file: it opens the stage in which the estate actually becomes available to the heirs again.
The cadastral transfers (volture catastali) update the names on the land registry for the properties. With the online declaration the request is normally made at the same time, but in some cases (properties whose cadastral records do not match, particular rights, properties in more than one province) they have to be filed separately.
Releasing bank accounts requires the heirs to give the bank the required documents: a copy of the filed declaration of succession, identity documents, a sworn self-declaration (dichiarazione sostitutiva di atto notorio) confirming their status as heirs and, where requested, acceptance of the inheritance. Each bank has its own procedure and its own timescales.
From that point the ongoing tax obligations change too: inherited properties go into the heirs' income tax returns, IMU (the Italian municipal property tax) is due from them in proportion to their shares from the month of death, and any rental contracts in progress must be managed by the new owners.
Renunciation
It must be formal, received by a notary or the court clerk. Anyone who renounces is treated as never having been called, and their share passes to the others.
Benefit of inventory
It limits the heir's liability to the inherited assets. Compulsory for minors and people lacking legal capacity. It has strict deadlines and formalities.
Estate with debts
It must be assessed before doing anything that counts as tacit acceptance: afterwards, the choice is no longer open.
The practice handles the tax and cadastral side of the succession. Acts that require notarial form (express acceptance, renunciation, division of the estate, transfer deeds) take place before a notary, with whom the work is coordinated.
Frequently asked
The questions that keep coming up
Do I have to file the declaration if there is no tax to pay?
If the estate includes property or real rights over property, yes: the declaration is compulsory regardless of the tax due, which in most cases is zero thanks to the allowances.
Without the declaration the properties stay registered to the deceased at the land registry, which prevents you from selling them, mortgaging them and often even managing them. The problem always comes out, just later.
How much does a succession cost?
There are two separate items. The taxes due to the State (inheritance, mortgage and cadastral taxes, stamp duties) depend on the estate and the degree of kinship, and for an ordinary family estate with one property they are often at the legal minimums.
The professional fee depends on how complex the case is: number of heirs, number and type of properties, company shareholdings, the need to reconstruct cadastral records that are not up to date. It is quoted in writing before work starts.
The deceased's accounts are frozen: how do I pay the expenses?
Banks freeze accounts as soon as they learn of the death and release them only on presentation of the succession documents. That is the main reason not to put the paperwork off.
Before the full release, some banks allow specific expenses such as funeral costs to be paid directly, on presentation of the invoices. This has to be checked case by case with the bank.
Do the gifts my father made to me during his lifetime count?
Yes. Gifts made by the deceased during their lifetime to the same beneficiary reduce the allowance available at the time of the succession. This is the so-called coacervo (aggregation of gifts), which has to be reconstructed to calculate the tax correctly.
That is why earlier deeds of gift are among the documents to gather: leaving them out produces a wrong assessment that the tax office can correct.
We are three siblings: do we have to file three declarations?
No, just one. A declaration filed by one of the people obliged to file releases all the others. The declaration must, however, list all the heirs with their respective shares.
The self-assessed taxes are paid in a single payment on filing; how the heirs split them among themselves is their own affair and does not concern the tax authorities.
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Twelve months sounds like a long time. It is not
Between tracking down documents, land registry searches, bank statements at the date of death and any disagreements between heirs, the time goes quickly. Better to start early.