Question: I am the beneficiary of an Italian property left by my late British brother. I live in the UK. I woudl like to know how to transfer the property into my name and how to process the succession in Italy.
Answer: You shall complete and file an Italian inheritance claim, aka Italian Estate Return ("dichiarazione di successione") to record the property transfer into your name.
DOWNLOAD here the OFFICIAL FORM - "dichiarazione di successione"
Also, you are required to file several documents as exhibits to the form above, as follows:
1) self statement regarding property cadastral value for inheritance tax purposes;
2) inheritance tax payment receipt (see below);
3) true copy of the Will (if there is a Will) and affidavit confirming you are the legitimate beneficiary;
4) if there is no Will (i.e., intestate inheritance by law), an affidavit stating that you are the sole beneficiary by law, along with official Italian translation;
5) property cadastral information;
6) death certificate;
7) appointment of Italian tax address, for the tax office to notify you possible communications after you file the succession.
Check HERE updated inheritance tax information.
In order to submit the inheritance claim and have the property transferred into your name, you are required to pay some miscellaneous taxes (stamps and cadastral registry update fees). Proportional taxes are typically based on the property's cadastral value (valore catastale).
Fines and Interests
Inheritance transfers shall be paid within 12 months after the death. The inheritance application claim shall be filed within same deadline. Delays imply fines and interest.
The inheritance claim shall be filed with the competent tax offcie where your brother was last registered as an resident. If he had never been registered as an Italian resident, the competent office is Rome 6.
The competent office to update the final title record (in the "Catasto" register), is within the property district. The application shall be filed within 30 days from the succession form ("dichiarazione di successione") filing date.
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