Is an Heir Obligated to Pay the Debts of the Deceased Under Italian Law?

In Italian inheritance law, an heir is not automatically responsible for the debts of the deceased. If an individual refuses the inheritance, they are exempt from any financial obligations of the deceased, including bank loans.

To clarify, “succession” involves multiple administrative steps beyond simply inheriting assets. These steps include submitting the succession declaration to the Italian Revenue Agency, which serves only to assess inheritance tax and does not imply acceptance of the inheritance. The actual acceptance of the inheritance, whether before a notary or court clerk, is a civil act that transfers both the assets and liabilities of the deceased to the heir. Upon accepting the inheritance, the heir is then legally bound to settle any debts proportionate to their inherited share.

There is a 10-year period for accepting the inheritance. Failure to act within this time is interpreted as a refusal. However, those who have possession of the deceased’s assets must inventory them within three months and declare their intention to accept or renounce the inheritance within 40 days thereafter. Failing to meet these deadlines results in automatic acceptance of the inheritance.

If the heir performs any act that indicates ownership of the deceased’s property, such as selling assets or withdrawing funds, they are considered to have tacitly accepted the inheritance and are liable for the deceased’s debts.

An heir may renounce the inheritance, thus avoiding liability for the deceased’s debts, or accept it with the benefit of inventory, limiting their liability to the value of the inherited assets. In this case, the heir’s personal assets remain protected from creditors.

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