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Italian Probate: Everything you need to know
The probate process in Italy differs substantially from the law in England & Wales. If you would like to obtain a Grant of Probate in Italy, you may need the assistance of an English-speaking inheritance lawyer to guide you through the legalities. The laws of succession for inheriting assets differs considerably in Italy, therefore if your relative died intestate whilst living in Italy the procedure and inheritance will follow Italian law.
In this guide, we provide advice for anyone wishing to obtain a Grant of Probate in Italy and also explain the importance of drafting a will including your Italian assets.
Click on a link to that section:
Read what is required to obtain Grant of Probate in Italy.
The importance of drafting an Italian will
A guide to Italian laws of succession.
How to obtain a Grant of Probate in Italy
An Italian Grant of Probate, or “Dichiarazione di Successione,” must be obtained within one year of the deceased’s death. The document can be obtained from the Italian Ministry of Finance, and all of the deceased's worldwide assets need to be listed. The executor of the estate manages all of the procedures in accordance with Italian legislation. You will need various supporting documents, such as the death certificate, a detailed description of the assets and the original and legalised copy of the will if one has been drafted.
A Grant of Probate has a small fixed fee which does not take the complexity of the estate into account, only the value. Once completed, the Grant of Probate application will be sent to the Italian tax authority. At this point, the beneficiaries will be requested to pay inheritance tax. How much tax is required is based upon three flat rates:
4% - when divided between the spouse and their children, no tax is required on the first €1,000,000 each, with 4% payable after.
6% - if the estate is divided between brothers, sisters, and relatives in the third degree or up to the fourth degree, €100,000 each is tax-free, with 6% tax applied after.
8% - when divided between unrelated parties, the nil rate band of the estate is $1,500,000 each, with inheritance tax calculated at 8%.
Within 30 days of the Grant of Probate being submitted, your lawyers should submit the Agency of the Territory application for the “voltura catastale.” Through this process, the financial administration in Italy is informed that the assets have been transferred from the deceased to the heirs.
Drafting an Italian Will - Why is it important?
If you are a UK citizen living in Italy with assets in Italy, it is essential to draft an Italian will. Not only will this ensure the process of probate is much smoother for your beneficiaries and your estate will be divided in accordance with your wishes and not be subject to the Italian laws of succession where fixed portions of an estate are automatically provided to the deceased’s immediate family. To draft an Italian will, it is important to seek legal advice to ensure that it is drafted correctly.
There are three types of Italian wills; a holographic will (testamento olografo), a formal will (testamento pubblico) and a secret will (testamento segreto). A holographic will has been handwritten by the testator. It can be written in any language and requires no witnesses, though it should still be reviewed by an experienced lawyer. A formal will is drawn up by an Italian notary and read aloud to the testator with witnesses present. A secret will is drafted by the testator and sealed in envelope and is held by the Italian notary until the death of the testator. The contents will remain confidential until the testator’s death.
You can read our full guide concerning Italian wills here to find out more.
Everything you need to know about the Italian laws of succession
The laws of succession in Italy differ from those in England & Wales. A statement of succession is required within one year of death and should include personal data such as the assets in the estate, mortgages and receipts. ‘Forced heirs’ are entitled to a share of the estate the amount of the share is designated by the laws of succession in accordance with their relationship to the deceased. These heirs include the deceased’s spouse, any children and any ascendants if there are no children or grandchildren. These laws do not apply if there is a will in which the deceased stated that they would like to follow the rules of inheritance in their country of origin.
To find out more about the various inheritance laws in Italy, please read our full guide here.
If you are unsure whether a will exists, you can contact the Italian Bureau to make an inquiry. If there is no will and the deceased died intestate, their assets will be distributed between the compulsory heirs as dictated by Italian laws of succession. When a will is present, it may be challenged by those wishing to inherit some of the estate. If the deceased left a foreign will, their wishes may contradict the rules of inheritance laid out in the Italian Civil Code.
If you find yourself involved in an inheritance dispute, you should seek the advice of experienced inheritance lawyers. If you need assistance in dealing with Italian probate, you can contact Giambrone and Partners today.