Estate Planning · Italy
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Italian succession law reserves part of your estate for close family, and immovable property here can only change hands through formal deeds. Tell us what you are planning for and we will match you with a lawyer who handles cross-border estates and Italian succession rules — at no cost.
- Reserved shares, wills and the quota disponibile
- Property, notaries and land-registry transcription
- Inheritance disputes, mediation and reduction claims
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Estate planning · Italy
Italian succession law rewards planning ahead
Estate planning in Italy is shaped by rules that many international clients do not expect. Italian succession law reserves a fixed share of the estate to spouses, children and, in certain cases, ascendants, so a will cannot simply distribute everything as the testator wishes. The default matrimonial regime, the community of property, decides what forms part of the estate in the first place, and transfers of immovable property require a notarial deed. If you own property, hold accounts or have family in Italy, an estate planning lawyer in Italy can map these rules against your situation, explain the options Italian law offers and represent you if a dispute arises. We match you with a specialist at no cost.
Italy in practice
How estate planning works in Italy
Italy is a civil law country where succession, matrimonial property and property transfers are governed by the Civil Code. Two features surprise most international clients: a fixed reserved share for close family, and the practical requirement of a notarial deed for immovable property. Here is how those rules work, and where the deadlines sit.
Reserved shares for close family
Under arts. 536-537 of the Civil Code, the spouse, the children and, where there are no children, the ascendants are legittimari with a reserved share the testator cannot freely dispose of. A sole child is reserved one half; several children two thirds, divided equally; the spouse’s share is combined with theirs. Only the remaining quota disponibile may be freely bequeathed, and an aggrieved legittimario may bring the azione di riduzione.
Matrimonial property decides what is in the estate
Unless the spouses opt for separation of property by a prenuptial agreement, the default regime is the community of property acquired after marriage under art. 159 of the Civil Code. Assets acquired by either spouse during the marriage fall into the common estate; personal property and assets acquired before marriage or by gift or inheritance remain separate. Couples may instead choose separazione dei beni or comunione convenzionale by notarised agreement.
Notarial deeds for immovable property
Contracts transferring ownership of immovable property must be made by public deed or authenticated private writing on pain of nullity under art. 1350 of the Civil Code. To be enforceable against third parties the transfer must be transcribed in the land registry (arts. 2643 and 2657). In practice this requires a notary, who verifies the title, collects registration, mortgage and cadastral taxes and arranges transcription.
Mediation is a precondition for some claims
Under art. 5 of Legislative Decree 28/2010, mediation must be attempted before bringing certain civil claims, including those concerning inheritance, division, real rights, family covenants and leases. It is a condition of admissibility. The condition is met if the first mediation meeting takes place, even where the parties do not reach a settlement.
Who may act for you
Only a lawyer registered in the albo degli avvocati of a territorial Consiglio dell’Ordine may practise as an avvocato; the national body is the Consiglio Nazionale Forense. Under Law 247/2012, admission requires a five-year law degree, an 18-month traineeship and the State examination. In civil proceedings representation is mandatory except before the Giudice di Pace for claims up to EUR 1,100.
Fees, court charges and legal aid
Since the abolition of minimum fees in 2006, lawyers’ fees in Italy are freely agreed with the client; where there is no agreement the court liquidates them by reference to the ministerial parameters (D.M. 55/2014). Court proceedings carry the contributo unificato, scaled by the value of the claim. Legal aid (patrocinio a spese dello Stato) is available where annual taxable income does not exceed EUR 12,838.01.
Key time limit — Inheritance, Probate & Wills
Succession (acceptance of inheritance) — 10 years. An heir may accept expressly or tacitly within this period, and acceptance determines liability for the deceased’s debts.
All country data on this page is drawn from official Italian sources — the Civil Code on Normattiva, the Consiglio Superiore della Magistratura, the Consiglio Nazionale Forense, the Ministry of Justice and the mediation and administrative procedure legislation — consulted in 2025.
- Civil Code of 16 March 1942 (Royal Decree no. 262) – Normattiva
- Consiglio Superiore della Magistratura – The Italian judicial system
- Consiglio Nazionale Forense – the Italian bar
- Ministry of Justice – Legal aid in civil and administrative proceedings
- Legislative Decree 28/2010 on civil and commercial mediation
- Law 604/1966, art. 6 – dismissal challenge terms
- Law 55/2015 – divorce after separation
- Legislative Decree 104/2010 – Administrative Procedure Code
Common concerns
Why Italian estate matters get complicated
Most problems we see come from three places: reserved shares, property formalities and heirs spread across borders.
A will that does not do what you intended
Italian forced heirship reserves a share of the estate to the spouse and the children. A will that ignores those reserved shares can be challenged by an aggrieved heir through the azione di riduzione.
Property held in the wrong form
If you own a house in Italy, transferring ownership must be done by public deed or authenticated private writing, and transcribed in the land registry. Informality is not an option here.
Heirs in different countries
Heirs living in different countries often disagree about what the estate contains and who is entitled to what. In some inheritance matters, mediation must be attempted before a claim can even be filed in Italy.
How we help
What happens when we match you
You describe the situation once, and we look for a lawyer whose practice fits it.
Specialists in Italian succession law
We match you with an avvocato registered with a territorial Consiglio dell’Ordine who works with wills, reserved shares and the quota disponibile under the Italian Civil Code.
Cross-border estate experience
If your assets, family or residence sit in more than one country, we look for a lawyer used to coordinating with foreign advisers and with the formalities Italian law requires here.
Costs you can see in advance
Since 2006 Italian lawyers’ fees are freely agreed with the client, and where there is no agreement the court applies the ministerial parameters. Court proceedings also carry the contributo unificato.
Free to ask, free to be matched
Describing your situation costs nothing and creates no obligation. We read what you send, then put you in touch with a lawyer who handles the kind of estate matter you are facing.
Across Europe
Estate planning beyond Italy
If your family or your assets are spread across Europe, the Italian side of the estate is only one part of the picture, and the rules of each country interact. We also match clients with lawyers in other jurisdictions.
FAQ
Estate planning in Italy: common questions
What does an estate planning lawyer in Italy actually do?
An estate planning lawyer in Italy looks at how your assets would pass under Italian law: the reserved shares of spouses and children, the quota disponibile you can leave freely, the effect of your matrimonial property regime and, where property is involved, the notarial formalities. The lawyer can also handle disputes, including reduction claims and mediation.
Can I leave my estate to anyone I choose in Italy?
Not entirely. Under arts. 536-537 of the Civil Code, the spouse, the children and, where there are no children, the ascendants are legittimari. A sole child is reserved one half of the estate; several children are reserved two thirds, divided equally. Only the remaining quota disponibile may be left freely.
Do I need a notary to deal with property in Italy?
For immovable property, in practice yes. Contracts transferring ownership must be made by public deed or authenticated private writing on pain of nullity under art. 1350 of the Civil Code, and transcription in the land registry requires a notarial deed in practice. The notary verifies title, collects registration, mortgage and cadastral taxes and arranges transcription.
Is mediation compulsory in Italian inheritance disputes?
Before bringing certain claims in Italy, including those relating to inheritance, division, real rights, family covenants and leases, the parties must first attempt mediation under art. 5 of Legislative Decree 28/2010. It is a condition of admissibility, and it is satisfied if the first mediation meeting takes place even without a settlement.
How long do I have to accept an inheritance in Italy?
Acceptance of an inheritance is subject to a ten-year limitation period under the Italian Civil Code. Within that time an heir may accept expressly or tacitly, and acceptance affects liability for the deceased’s debts. Because this term interacts with other deadlines and with who is entitled to what, early advice is usually worthwhile.
What does a lawyer cost in Italy, and is legal aid available?
There is no binding statutory tariff. Fees are freely agreed between you and the lawyer, and where there is no agreement the court liquidates them using the ministerial parameters (D.M. 55/2014). Court proceedings carry the contributo unificato. Legal aid (patrocinio a spese dello Stato) applies where annual taxable income does not exceed EUR 12,838.01.
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Tell us whether you are planning ahead, dealing with an estate after a death, or facing a disagreement between heirs. We review your request and match you with a lawyer who handles estate planning in Italy. No cost, no obligation.