Inheritance, Probate & Wills · Italy
Work with Inheritance, Probate & Wills lawyers in Italy
Italian succession law combines forced heirship, notarial formalities and mandatory mediation. We help you find a lawyer who can explain your options and manage the procedural steps, without giving legal advice.
- Verified Italian inheritance lawyers
- Free matching within 24–48 hours
- Guidance on forced heirship, notaries and mediation
No obligation · No legal advice
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Why choose us
Italian succession law, made easier to navigate
Inheritance in Italy is governed by the Civil Code of 1942, a civil law system with strict formalities that can surprise foreign heirs and testators. Forced heirship reserves a share of the estate for close family, real estate transfers require notarial deeds, and inheritance claims must usually begin with mandatory mediation. Working with experienced Inheritance, Probate & Wills lawyers in Italy helps you understand acceptance deadlines, plan within the quota disponibile and coordinate with notaries. We do not give legal advice, but we match you with a vetted lawyer who handles Italian succession, probate and wills. Submit your details and receive a free, no-obligation introduction, usually within 24–48 hours.
Local specifics
How inheritance works in Italy
Italian succession law combines the Civil Code’s forced heirship rules with notarial formalities and mandatory mediation. The ordinary courts handle disputes, while the Corte Suprema di Cassazione reviews questions of law. Below are the key points to understand before you act.
Civil-law succession under the Codice Civile
Italy is a civil law jurisdiction. Inheritance is governed primarily by the Civil Code of 1942. The ordinary courts (Tribunale ordinario) handle succession disputes, and appeals go to the Corte d’Appello; the Corte Suprema di Cassazione reviews questions of law only. This means procedural steps and written submissions are essential.
Forced heirship protects close family
Under Articles 536-537 of the Civil Code, the spouse, children and, in the absence of children, ascendants are ‘legittimari’ entitled to a reserved share. A sole child is reserved half the estate; several children two thirds. Only the remaining quota disponibile may be freely bequeathed; an aggrieved heir may bring the azione di riduzione.
Notarial formalities for real estate
Immovable property transfers must be made by public deed or authenticated private writing under Article 1350 of the Civil Code. The notary verifies title, collects taxes and arranges transcription in the land registry; without transcription the transfer is not enforceable against third parties. A notary is therefore in practice required for real estate succession.
Acceptance of inheritance and deadlines
The right to accept an inheritance is subject to a 10-year limitation period. Beneficiaries may accept simply or with the benefit of inventory, and the choice affects liability for estate debts. A lawyer can explain the consequences and help you meet formalities before the competent Italian authorities.
Mandatory mediation before inheritance claims
Under Article 5 of Legislative Decree 28/2010, before bringing a claim in inheritance matters the parties must first attempt mediation as a condition of admissibility. The condition is satisfied if the first mediation meeting takes place even without settlement. A lawyer can prepare the request and represent you in the mediation.
Costs and legal aid
Court fees are the contributo unificato, scaled by claim value, and there is no binding statutory tariff for lawyers’ fees. Legal aid is available for persons with annual taxable income up to EUR 12,838.01. A lawyer can explain likely costs and whether you may qualify for state-funded assistance.
Key time limit — Inheritance, Probate & Wills
Succession (acceptance of inheritance) — 10 years. The right to accept an inheritance expires after this period.
All country-specific data on this page is drawn from official Italian institutional sources (CSM, CNF, Normattiva, Ministry of Justice) as of 2025.
- Italian Judicial System – CSM
- Consiglio Nazionale Forense
- Normattiva – Civil Code
- Normattiva – Law 604/1966 (Employment dismissals)
- Normattiva – Law 55/2015 (Divorce)
- Normattiva – Legislative Decree 104/2010 (Administrative procedure)
- Normattiva – Legislative Decree 28/2010 (Mediation)
- Ministry of Justice – Legal Aid
Common challenges
Inheritance in Italy can be complex
These are the issues our matched lawyers help you address.
Forced heirship limits your choices
Italian law reserves a statutory share for your spouse and children, so you cannot freely dispose of your entire estate. Without careful planning, your intended gifts may be reduced after your death.
Notarial and registration formalities can stall
Transferring Italian real estate requires a notarial deed and land registration. Missing a transcription or tax step can delay or invalidate the transfer, leaving heirs in uncertainty and potentially liable for penalties.
Mediation is a mandatory first step
Before most inheritance claims can be filed in court, you must attempt mediation. If you ignore this condition of admissibility, your claim may be rejected at the outset, wasting time and money.
How we help
Why get matched through us?
We connect you with a lawyer who focuses on Italian succession law.
Lawyers who know the Codice Civile
Our network focuses on Italian succession law, including forced heirship, acceptance of inheritance and the azione di riduzione, so you receive relevant guidance for your situation.
Clear guidance on notarial formalities
We match you with lawyers who regularly coordinate with notaries for real estate transfers, transcription and tax registrations, reducing the risk of procedural missteps.
Representation in mandatory mediation
Your matched lawyer can prepare the mediation request and represent you in the first meeting, satisfying the condition of admissibility before any court claim.
Transparent cost expectations
Because Italian lawyers’ fees are freely agreed and court fees are scaled by claim value, a lawyer can outline the likely contributo unificato and whether legal aid may apply.
Nearby coverage
We match in Italy and beyond
Looking for help elsewhere in Europe? We can also match you with specialised lawyers in these countries.
FAQ
Inheritance, Probate & Wills in Italy – common questions
Do I need a lawyer for inheritance matters in Italy?
In most civil proceedings, representation by a qualified avvocato is mandatory except for very small claims before the Giudice di Pace. A lawyer can also help with acceptance of inheritance, notarial coordination and mediation. We match you with Inheritance, Probate & Wills lawyers in Italy who handle these tasks.
What is forced heirship and how does it affect my will?
Italian law reserves a share of the estate for spouses, children and, in some cases, ascendants. A sole child is entitled to half; several children two thirds. You may freely dispose only of the remaining quota disponibile; otherwise heirs may bring an action to reduce the bequest.
Is a notary required for transferring Italian real estate?
Yes in practice. Under Article 1350 of the Civil Code, immovable property transfers must be made by public deed or authenticated private writing, and transcription in the land registry requires a notarial deed. The notary verifies title and collects the relevant taxes.
Are there time limits to accept an inheritance in Italy?
The right to accept an inheritance is subject to a 10-year limitation period. If you do not accept within that period, you may lose the right. Acceptance can be simple or with benefit of inventory, which affects liability for estate debts.
Do I have to try mediation before going to court?
Yes, for inheritance claims mediation is a condition of admissibility under Article 5 of Legislative Decree 28/2010. The first mediation meeting must take place, even without settlement, before you can file the claim. A lawyer can prepare and attend.
How much do inheritance lawyers and court fees cost in Italy?
Lawyers’ fees are freely agreed; there is no binding statutory tariff. Court fees (contributo unificato) are scaled by claim value. Legal aid may cover costs if your annual taxable income is below EUR 12,838.01. We match you with a lawyer who can explain the likely costs.
Get matched
Ready to resolve your Italian inheritance matter?
Tell us about your situation and we will match you with a lawyer who handles Inheritance, Probate & Wills in Italy. Free, no obligation.