After the death of the beneficiary, the heirs have the right to verify the management of the estate and the person’s life. They can access personal data and request the final account from the administrator.
Support administration is a tool designed to protect people who, due to illness or disabilities, cannot manage their own affairs. The administrator, appointed by the judge, is tasked with assisting the beneficiary, managing their assets, and attending to their needs with the utmost diligence. But what happens when this administration ceases, for example, with the death of the beneficiary? Does the administrator’s work go unnoticed? The question that many family members ask themselves is: Can the heir oversee the actions of the support administrator? The answer is affirmative. The heirs not only can, but have specific rights to ensure that the management has been correct, both to protect the inherited estate and to safeguard the dignity and personal history of their loved one.
Does the administrator have to present a final report?
Anyone who manages an activity in the interest of another person has a general duty to account for it. This principle, valid in many legal areas such as mandate, also fully applies to support administration. It is not just about specific cases provided by law; it is an obligation that arises from the duty of good faith (Cass., ruling no. 22063/2017).
The administrator must therefore be subject to the control of those who have an interest, illustrating the actions taken and, above all, the income and expenses (the so-called debit and credit entries) that have affected the beneficiary’s assets. At the end of their term, typically upon the death of the person being assisted, the administrator is required to present a final account to the judge.
Who can request the administrator’s account?
The final report is not a private act between the administrator and the judge. The law identifies various “interested parties” who have the right to view it, contest it, and request clarifications. Among these, of course, there is the beneficiary themselves (if they regain capacity) or a potential new legal representative.
After the death of the beneficiary, this right passes to their heirs (Cass., ruling no. 9470/2000). The action to obtain the accounting and any payment of sums due to the inheritance serves the common interest of all the heirs. For this reason, even a single heir (in the exercise of the powers of estate management) can act alone to request it, without the need for the consent of the other co-heirs (Cass., ord. no. 2541/2025).
Can children access the personal data of a deceased parent?
The control of heirs is not limited to just the numbers in the account statement. The heirs, and in particular the children, have a right that goes beyond the mere status of heir or beneficiary: it is a right that derives from their status as a child. Case law has established that access to the deceased’s personal data by the children is permitted, for example, if they want to know how the parent’s life (not just the estate) was managed in the last years (Cass., ruling no. 18563/2025).
This means being able to verify the health, personal, and care choices made by the administrator, in order to have a complete picture of their management.
Example:
Let’s imagine that the children of a deceased elderly person suspect that the guardian did not provide their father with adequate medical care or isolated him from the family. They can request access to the medical documentation or correspondence managed by the administrator to verify how certain life decisions were made.
What to do if the administrator has mismanaged the estate?
If irregularities or mismanagement emerge from the analysis of the financial statements or personal data, the heirs are not powerless. They have the right to initiate true liability actions against the support administrator (art. 382 c.c., referred to by art. 411 c.c.).
This action serves to establish the administrator’s liability for damages caused to the deceased’s estate due to negligent or improper management. The objective is to obtain compensation for the damage, which will benefit the estate.
Can acts done without authority be annulled?
There is an important distinction between mismanaging and acting without authority. The support administrator can only perform the acts for which they have been authorised by the guardianship judge. If the administrator has performed acts beyond the powers that had been conferred upon them (in excess of the scope of the assignment), those acts are flawed. The heirs have the possibility to request its annulment (Cass., ruling no. 18563/2025).
Example:
If the administrator had the power to manage only ordinary administration (such as paying bills) but sold a property of the beneficiary without the specific authorisation of the judge, the heirs can challenge that sale and request its annulment.
How much time do I have to take action against the support administrator?
The right of the heirs to hold the administrator accountable is not unlimited in time. The law, applying the provisions for guardianship (which also apply to support administration), establishes a five-year period to exercise actions related to management, such as the action for liability (art. 387 c.c.).
This term usually begins to run from the moment the administration has ceased, that is, from the death of the beneficiary. It is therefore important that the heirs take action in a timely manner to carry out the necessary checks.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com