International Succession & Donations in Italy
For Foreign Heirs & Beneficiaries
An international succession involving Italy may arise when the deceased owned assets in Italy, lived in Italy, or when heirs and beneficiaries are located in different countries. Under EU Regulation No. 650/2012, the law governing the succession is generally determined by the deceased’s habitual residence at the time of death, unless a valid choice of the law of nationality was made. When Italian assets, foreign heirs or cross-border documents are involved, an Italian notary may assist with inheritance formalities, acceptance or renunciation of inheritance, notarial deeds, foreign documentation and transfers of Italian property.
Key Takeaways
- Cross-border succession rules depend on factors including the deceased’s habitual residence, nationality and any valid choice of law.
- Owning assets in Italy does not automatically mean that Italian law governs the entire succession.
- Foreign heirs may need to complete Italian formalities when inherited assets are located in Italy.
- An inheritance must be accepted before an heir definitively acquires the estate; renunciation and acceptance with benefit of inventory may also be available under Italian law.
- Foreign documents may require apostille, legalisation and certified translation before they can be used in Italy.
- Italian real estate inherited through a succession may require additional registration and property formalities.
- Donations involving Italian real estate generally require notarial intervention.
When Italian and foreign law both apply Cross-border inheritance arises when the deceased owned assets in Italy, the heirs reside abroad, or several legal systems overlap. Under the EU Succession Regulation (No 650/2012), the applicable law and the European Certificate of Succession determine how the estate is handled — we identify what governs your case.
Managed remotely, in English Acceptance or renunciation of inheritance, apostille, legalization and certified translation are coordinated for you. You don’t navigate the Italian succession system alone, and in most cases you don’t need to travel to Italy.
What we do:
We identify the applicable law, verify the Italian assets and title, draft the succession or donation deed, file the succession declaration where required, and issue bilingual notarial deeds — with apostille and sworn translation so the documents are recognized in your country.
Our International Succession & Donation Services
Cross-Border Succession Assistance For Italian assets
heirs residing abroad, or multiple legal systems, with legally compliant and enforceable procedures.
Drafting and verification of wills valid under Italian law.
Succession Deeds & Inheritance
Declarations Preparation and filing of succession deeds and the dichiarazione di successione.
Acceptance or Renunciation of Inheritance
Including inheritances involving Italian real estate, handled remotely where possible.
Documentation & Legalization for Foreign Nationals
Apostille, legalization and certified translation of foreign and Italian succession documents.
Contact an International Succession Notary in Italy
If you are managing an inheritance or donation involving Italy, our notarial team is available to assist you with a clear, compliant, and efficient process.
Frequently Asked Questions
Which law applies to an international succession involving Italy?
Under EU Regulation No. 650/2012, the law governing a succession is generally the law of the country where the deceased had their habitual residence at the time of death. However, a person may choose the law of their nationality to govern their succession, provided that the choice is validly made. Exceptional circumstances may also affect the determination of the applicable law.
Can an American inherit property in Italy?
US citizenship does not by itself prevent a person from inheriting property or other assets located in Italy. The succession must nevertheless be assessed under the applicable inheritance law, and Italian formalities may be required when assets situated in Italy are transferred or registered in the name of foreign heirs.
Does owning property in Italy mean Italian inheritance law automatically applies?
No. The location of an asset in Italy does not automatically mean that Italian law governs the entire succession. Under EU Regulation No. 650/2012, the general rule is based on the deceased’s habitual residence, subject to specific exceptions and any valid choice of the law of nationality.
Do foreign heirs always need an Italian notary?
Not in every case. However, notarial assistance may be required or particularly useful for acts such as express acceptance or renunciation of inheritance, powers of attorney, inherited real estate transactions and the use of foreign documents in Italy. The requirements depend on the assets involved and on the structure of the succession.
How can a foreign heir accept or renounce an inheritance in Italy?
Under Italian law, an inheritance must be accepted in order for the heir to acquire it. Acceptance may be express or, in certain circumstances, tacit. Italian law also provides for renunciation of inheritance and acceptance with benefit of inventory, which may limit the heir’s exposure to the deceased’s debts. The appropriate procedure depends on the individual case.
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What documents may a foreign heir need in Italy?
The required documentation depends on the succession, but may include identification documents, death certificates, family-status documents, wills, documents proving the heir’s status, powers of attorney and documentation relating to Italian assets. Foreign documents may need an apostille or legalisation and an Italian translation before they can be used in Italy.
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What is the European Certificate of Succession?
The European Certificate of Succession is a document created under EU Regulation No. 650/2012 that allows heirs, legatees, executors and estate administrators to prove their status and exercise their rights in participating EU Member States. It does not determine which law governs the succession; rather, it helps demonstrate rights and powers in cross-border cases.
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Can inherited property in Italy be sold by heirs who live abroad?
Yes, subject to completion of the relevant succession and property formalities. Heirs living abroad may, where legally appropriate, also act through a valid power of attorney. Before a sale can proceed, the ownership position and the documentation relating to the inherited property must be properly established in Italy.
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Professional Notarial Review
This content has been reviewed by Nicola Giovanni Cerini, Italian Notary in Rome, for accuracy regarding the Italian notarial process and international real estate transactions.
Learn more about Nicola Giovanni Cerini .