Understanding Intestate Succession in Italy: How Inheritance Works Without a Will

Inheriting property in Italy can be emotionally and legally challenging — especially when there is no will. When a person passes away without having left testamentary instructions, Italian succession law activates what’s known as legitimate (intestate) succession. This ensures the deceased’s estate is distributed fairly among close relatives in accordance with Italian inheritance law.

For foreign nationals — including any US citizen inheriting property in Italy — it’s essential to understand how probate in Italy works in the absence of a will. This guide outlines the rules, the categories of heirs, and how assets are divided under Italian estate planning laws.

What Is Intestate Succession in Italy?

When there’s no valid will, or when the will fails to cover all the deceased’s assets, inheritance in Italy follows intestate succession rules, as governed by Articles 565 and following of the Italian Civil Code.

For example, suppose an individual bequeathed specific properties to heirs through a will but later acquired another property not included in that will. That new asset would fall under intestate succession and be distributed according to statutory rules.

Under Italian inheritance law, intestate succession is not based on personal relationships or merit, but on kinship. The law assumes that the deceased (referred to as de cuius) would have wished to benefit close family members. The legal order of succession prioritizes spouses and children, followed by parents, siblings, and then other relatives up to the sixth degree.

If no heirs exist within the permitted kinship range, inheritance in Italy passes to the State, which becomes the universal heir.

Who Inherits When There Is No Will?

Probate in Italy in the absence of a will (or with an invalid or incomplete one) follows a strict order:

1. Spouse and children (including those born outside of marriage, as equal rights are now guaranteed under Italian law)

2. Parents or ascendants, if there are no children or siblings

3. Siblings and half-siblings — with half-siblings receiving half the share of full siblings

4. Relatives up to the sixth degree

5. The Italian State, if no family members exist or claim the estate

Italian law, particularly Law No. 219/2012, abolished distinctions between legitimate and natural children. This change means all children, regardless of marital status of the parents, now enjoy the same rights under Italian succession law.

In addition, Article 580 provides rights to unrecognized minor children — ensuring they receive an allowance equivalent to the value of their theoretical inheritance share. This right can also extend to adults, and may be converted into a cash payment or a share of the inherited assets.

How the Inheritance Is Divided Among Heirs

Here’s how Italian estate law determines inheritance shares in the absence of a will:

• Spouse only: Inherits the entire estate, along with the right to reside in the marital home and use its contents.
• Spouse and one child: Each receives 50%.
• Spouse and multiple children: The spouse receives one-third, and the children share the remaining two-thirds equally.
• Only children (no spouse): The children divide the entire estate equally.
• No children or spouse: The inheritance passes to parents, siblings, or other relatives depending on the degree of kinship.
• Spouse and siblings: The spouse gets two-thirds, and the siblings share the remaining one-third.
• Parents only: Inherit in equal parts if there are no closer heirs.
• Ascendants (e.g., grandparents): Inherit if closer relatives are absent, with shares determined by degree of kinship.
• Distant relatives (up to the sixth degree): May inherit if no closer kin exists, but are excluded if a nearer relative is present.

If there are no heirs at all, the estate is automatically transferred to the Italian State, which assumes ownership without needing to accept or be liable for debts beyond the value of the inheritance.

What About Partners and Civil Unions?

Under Italian law, individuals in a civil union (including same-sex partners, per the 2016 Cirinnà Law) have the same inheritance rights as spouses. However, unmarried cohabitants do not automatically receive inheritance rights unless they are named in a will. That said, they may have temporary rights to remain in the shared home, especially if minor or disabled children also reside there.

Notably, Italian case law confirms that simply living together does not create ownership or inheritance rights over shared property. Only a formal testamentary act or legal agreement can legitimize such claims — a critical point in Italian estate planning, especially for non-married couples.

Selling Inherited Property in Italy

If you are selling inherited property in Italy, especially under intestate succession, it’s important to confirm the rightful heirs through Italian probate procedures first. All heirs must agree to the sale, and any donation in Italy (if the property was gifted during the deceased’s lifetime) must be taken into account when calculating inheritance shares and potential tax liabilities.

Foreign heirs, such as a US citizen inheriting property in Italy, may also face cross-border legal requirements or dual tax considerations. Proper legal assistance ensures the transaction complies with both Italian estate tax and international reporting obligations.

Inheritance Tax and the Role of the State

Inheritance tax in Italy is relatively low, but still applicable. Rates range from 4% (for spouses and children) to 6–8% for more distant relatives or non-relatives, based on asset value. Certain exemptions apply, such as a tax-free threshold of €1 million per heir for children and spouses.

If no heirs exist or no one claims the inheritance, the Italian State inherits the estate. According to Article 586 of the Civil Code, the State cannot renounce the inheritance but is only responsible for debts up to the value of the assets received.

This system ensures no inheritance in Italy is left without an owner, maintaining the continuity of legal and economic responsibility for all assets.

Key Takeaways for Estate Planning and Inheriting Property in Italy

• Italian inheritance law provides a detailed hierarchy for distributing assets without a will.
• Probate in Italy ensures that inheritance is transferred legally, whether through a will or by law.
• Italian estate planning — including drafting a will or forming a family holding structure — can prevent disputes and help foreign heirs manage cross-border assets.
• Inheritance tax Italy rules vary by their relationship and estate value — proper planning reduces exposure.
• US citizens inheriting property in Italy should coordinate with legal experts on both sides of the Atlantic to comply with reporting, tax, and legal requirements.

VGS Family Lawyers is a law firm that specializes in family law matters such as inheritance, separation and divorce, child custody, and more.
In case you need assistance, please write to: info@vgslawyers.com.