Question: I have inherited an Italian property from my British sister. How can I claim an Italian inheritance? More specifically, how do I process the succession?
Answer: Under Italian law, if you are the inheritor of your sister’s Italian property, you are expected to complete and submit an inheritance claim (dichiarazione di successione) to legally register the transfer of the property into your name.
According to Italian law, along with the inheritance application claim, you are expected to submit several documents, 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 she left a Will) and affidavit confirming you are the legitimate inheritor, along with official Italian translation;
4) if there is no Will (i.e., intestate inheritance by law), an affidavit stating that you are the sole inheritor by law, along with official Italian translation;
5) property cadastral certificate;
6) death certificate.
For inheritance tax information click here.
In order to submit the inheritance claim and have your sister’s 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.
Contact an Italian Lawyer here.