Italian law of inheritance

Law of inheritance in Italy

When a person dies with real estate in Italy according to the principle of nationality it will be applicable the law of state of the nationality. For example for a German national the inheritance will be ruled by the german laws.

According to the italin law a certain legal portion is reserved for the descendants and this portion cannot be excluded by the will.

Presently there is no inheritance tax to be paid in Italy but onlx 3 % of register an mortgage tax based on a catastal value which is normally significantly lower than the market price.

Within 12 months the heir has to present a declaration of inheritance and to pay the relative taxes. If the testator didn´t have his residence in Italy it has to be presented to the registry office in Rome. If the declaration is presented to late a fine of 30 % will be added to the tax.

With this declaration the real estate can then be transcribed to the heir in the land register and can only then be sold.

We offer a wide range of services to manage the necessecary paperwork of the inheritance in a correct way.