Legal Question in Wills and Trusts in Italy

My aunt (my father’s sister) died a couple of months ago. She was Italian citizen, but we expatriated in Ireland about 20 years ago. We consulted an Italian lawyer about all the procedure to be undertaken to inherit what pertains to us. However we have a doubt about a certain step to be undertaken… Could any one explain me what a “probate” (in Italian “denuncia di successione”) is? It is mandatory? The lawyer also told us that we should pay a certain amount of money to carry out such procedure… What about that?

Asked on 5/10/11, 1:45 am

1 Answer from Attorneys

Giandomenico De Tullio De Tullio Law Firm

Good morning,

I will try to clarify the situation in short.

As far as the Probate is concerned, your lawyer is right, you can trust him, since in reference to Italian assets, and within twelve months after the death of the testator, the heirs should submit the Italian probate to the competent authority, that is to say the Agenzia delle Entrate. The competent branch of the Agenzia delle Entrate will be established according to the last domicile of the departed. And it is in such a context that the heirs are called to pay the taxation connected with the inheritance.

Such taxation will be calculated according to the relationship of the deceased with the heirs and the total value of the properties involved in the succession.

After completing the probate procedure, it will be possible to re-register the immovable assets in the name of the heirs (the Italian legal procedure defined as “Voltura”).

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not advice. This firm accepts no liability or any responsibility for any statement made.

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Answered on 5/18/11, 12:42 am

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