When a person dies without children, Italian law applies the rules of intestate succession (successione legittima), which determine who inherits in the absence of a will.
The system is strictly hierarchical: assets are transferred step by step to the closest relatives, and only if no relatives exist does the State inherit.
Does the spouse inherit everything?
The spouse (husband or wife) has a primary position in inheritance law. If the deceased leaves:
- no children
- no parents
- no siblings or other close relatives
then the spouse inherits the entire estate (art. 583 c.c.).
If other close relatives exist, the spouse shares the inheritance with them according to fixed legal shares.
For example, if there is a spouse and a sibling:
- the spouse receives the larger share
- the sibling receives the remainder
Example:
If Mario dies without children but leaves a wife and a brother, the wife receives two-thirds of the estate and the brother one-third.
If there is no spouse, who inherits?
If there is no spouse, the law moves to the next level of relatives.
The first in line are the parents:
- father and mother inherit in equal shares (art. 568 c.c.)
- if one parent is deceased, the surviving parent inherits everything If there are no parents, the estate passes to ascendants, such as grandparents:
- the estate is divided between paternal and maternal lines (art. 569 c.c.)
- the closest relative in degree always prevails over more distant ones
Example:
A grandfather (second degree) excludes a great-grandmother (third degree), even if both are alive.
When do brothers and sisters inherit?
If there are no children, spouse, parents, or grandparents, the estate goes entirely to the siblings.
If a sibling has died, their children inherit in their place through representation. If parents and siblings both exist, they inherit together:
- the estate is divided among all heirs
- but parents must receive at least 50% of the estate (art. 571 c.c.)
Example:
If a woman dies leaving her mother and two sisters, the mother receives at least half, and the remaining half is divided between the sisters.
Can cousins or distant relatives inherit?
If no closer relatives exist, inheritance extends to more distant family members, such as uncles and cousins (art. 572 c.c.).
The rule is always the same: the closest degree of kinship prevails.
However, inheritance rights are limited to the sixth degree of kinship. Beyond that, the law no longer recognises any inheritance rights (Trib. Milano, n. 8273/2023).
Example:
A fifth-degree relative (such as a child of a first cousin) can inherit. A seventh-degree relative cannot.
What happens if no relatives exist?
If no heirs within the sixth degree can be found or accept the inheritance, the estate is transferred to the State (art. 586 c.c.).
In this case:
- the State automatically acquires the assets
- it cannot refuse the inheritance
- it is liable for debts only up to the value of the estate
Before reaching this stage, a court may appoint a curator to verify the absence of heirs and manage the estate temporarily.
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