Whether the deceased is intestate or has, through an Italian Will, determined testamentary succession, submission of a “Dichiarazione di Successione” (Statement of Succession) is required within one year of death. In order to proceed with the Italian Statement of Succession, a form must be obtained from the Italian Ministry of Finance. All of the deceased’s assets need to be listed. Once completed, this form is sent to the competent Italian Tax authority (Agenzia delle Entrate) and heirs will be requested to pay the corresponding taxation related to the inheritance.
In addition to personal data regarding the deceased and heirs, the statement of succession requires:
- a detailed description of the inherited assets;
- details of the payment of taxes (mortgage and cadastral taxes) by the heirs and copies of relevant receipts; the application of a fixed rate corresponding to 168 euro for mortgage and cadastral taxes if the heir beneficiary of the real estate property will use it as his/her main home.
It is also necessary to attach to the statement of succession:
- the deceased’s death certificate;
- the family certificate of the deceased person and of the heirs;
- original or legalized copy of the Will, in case of testamentary succession;
Within 30 days from the submission of the statement of succession, it is necessary to submit to the Agency of the Territory the application for the “voltura catastale” (cadastral change in the registration name of the property).
This can be submitted by the new owner of the building (in this case, the heir) or by a delegate (for instance a legal advisor duly authorized by power of attorney). Through the “voltura” the financial administration is informed that the assets (both land and building) have been transferred from the deceased to his/her heirs.
Because of the quite complicated bureaucratic procedure, the amount of information and paperwork required by the competent Italian authorities, it is always a good idea to obtain advice and support from an expert in the field of inheritance and succession law.
A Guide to Italian Inheritance law: All the information you need to Italian Succession