When this help may be useful
- You need to decide whether to accept or renounce an inheritance
- The heirs disagree on how to divide homes, accounts and assets
- You believe a will has reduced your reserved share
- The deceased left debts and you fear being liable for them
- You wish to plan your own estate in good time
Accept, renounce or accept with benefit of inventory
Whoever accepts an inheritance receives its assets but also its debts. With acceptance with benefit of inventory (beneficio d'inventario) the heir is liable for debts only up to the value received: an important protection when the deceased's financial situation is unclear. Alternatively, the inheritance can be renounced. Under Italian law the right to accept expires after ten years, but certain behaviour can count as acceptance: that is why advice before acting is useful.
Estate divisions and the reserved share
When several heirs must divide the assets, the best solution is an agreement. If none is found, a court division can be requested, preceded by mandatory mediation. The spouse, the children and in some cases the parents are entitled to a minimum share of the estate, the reserved share (legittima): if a will or gifts have reduced it, action can be taken to recover it.
The process, step by step
- Review of the will, assets and debts
- Decision on acceptance or renunciation
- Search for an agreement between the heirs
- Mediation and, if necessary, court division
Frequently asked questions
By when must the inheritance tax return be filed?
In Italy the declaration of succession must be filed with the Revenue Agency within twelve months of the date of death. It is a tax obligation separate from accepting the inheritance.
If I renounce the inheritance, do the debts pass to my children?
Renunciation means the inheritance passes to other entitled persons, who may include your children. If they are minors, specific court authorisations are required. It is important to assess the whole chain before deciding.
A sibling lives in the inherited house and does not want to divide it. What can I do?
Every heir has the right to request division. An agreement can be proposed, for example selling or buying out the other shares; otherwise, mediation is started, followed by court division.
The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.