How to Manage an Inheritance in Italy?


Do you want to know how to manage an inheritance in Italy? The process involves identifying the applicable law (EU Regulation 650/2012), collecting certificates, apostilling and translating documents, determining the competent notary or court, paying taxes in each country, and formalizing the acceptance and registration. Below you’ll find steps, required documents, timelines, and FAQs.


If you’re wondering How to manage an inheritance in Italy?, this guide shows you the key steps and a quick table of documents and deadlines.

Table of Contents

  • Steps
  • Documents and Deadlines
  • Taxes
  • Acceptance and Registration
  • Frequently Asked Questions

Steps:

  1. Applicable law and will: Check if the deceased had habitual residence in Italy. EU Regulation 650/2012 allows choosing the national law (professio iuris).
  2. Documentation: death certificate, will, asset inventory, apostille, and sworn translations if required.
  3. Notary and representation: competent notary in Italy or Spain; powers of attorney if managed remotely.
  4. Taxes: inheritance tax in Italy, possible Inheritance and Gift Tax in Spain, and double taxation treaties.
  5. Acceptance and registration: deed of acceptance or partition, followed by registration in Italian and Spanish registries.

Documents and Deadlines

DocumentIssued byWhereApostille/Translation?Approx. timeframeApprox. cost
Death certificateCivil RegistryCountry of deathYes, if foreign3–10 days€10–30
Last will / testamentNotaryItaly / SpainApostille + translation if required3–15 days€20–60
Asset inventoryRegistries / EntitiesEach countryDepending on document1–4 weeks
Hague ApostilleCompetent authorityIssuing country1–10 days€20–60
Sworn translationCertified translatorYes2–7 days€0.08–0.15/word
Acceptance/partition deedNotaryItaly / SpainDepending on annexes1–3 weeks€300–1,200

Taxes:

  • Italy: inheritance tax, with reductions for direct relatives.
  • Spain: Inheritance and Gift Tax (ISD), depending on the Autonomous Community.
  • Municipal Plusvalía: if there are urban properties in Spain.
  • Double taxation: check treaties between Italy and Spain.

Useful sources (paragraph):
AEAT, BOE, EU Regulation 650/2012, Agenzia delle Entrate (Italy).

Acceptance and Registration

  • Notarial deed of acceptance and partition in Italy.
  • Registration of immovable and movable assets in Italy and Spain.
  • Representation through legalized powers of attorney, if needed.

Frequently Asked Questions

How to manage an inheritance in Italy?
You must identify the applicable law, gather certificates, apostille and translate documents, go through a notary, pay taxes, and formalize acceptance and registration.

What steps should I follow to manage an inheritance in Italy?
Applicable law → documents (certificates, apostille, translations) → notary → taxes → deed and registration.

What documents are needed in Italy for an inheritance?
Death certificate, last will, asset inventory, apostille, and sworn translation.

Where do I pay taxes if there are assets in both Italy and Spain?
In both countries, according to their tax laws, applying double taxation treaties.

Can I manage an inheritance in Italy remotely?
Yes, through notarized and legalized powers of attorney.

Conclusion

The process of how to manage an inheritance in Italy requires coordination between Italian and Spanish regulations, apostilled documents, sworn translations, and tax obligations in both countries. To avoid costly mistakes, the best option is to seek professional assistance. That’s why I recommend contacting Grupo Hereda, specialists in international inheritances, who will guide you through the entire process in a safe and personalized way.

Legal References

  1. Regulation (EU) No. 650/2012 – on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession.
  2. Italian Civil Code (Codice Civile) – Book II, Succession (Articles 456–809).
  3. Italian Inheritance and Gift Tax Law – Legislative Decree No. 346 of 31 October 1990.
  4. Convention of The Hague of 5 October 1961 – Apostille Convention.
  5. Double Taxation Agreement between Italy and Spain (1977) – Agreement for the avoidance of double taxation.

GRUPO HEREDA

Grupo Hereda is a law firm with extensive experience in this sector, with over 25 years of practice. We work throughout Spain. If you have an inheritance in Andalusia and don’t know where to start, talk to us—we work all over Spain.

If you find yourself in a complicated situation, don’t give up. Contact us, and we will find a personalized solution for you. Call us! (+34) 915 487 550 or send an email to info@grupohereda.com.

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