Wills & succession · Italy
Wills lawyers in Italy for estates that must respect the law
In Italy you cannot dispose of your whole estate as you wish: the Civil Code reserves a share for your spouse, your children or, where there are no children, your ascendants. A wills lawyer plans around those limits, handles the notarial formalities and defends your heirs if a dispute arises.
- Specialists in Italian succession and forced heirship
- Wills, notarial deeds, estate division and disputes
- Free matching, no obligation to instruct
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Why this page
Wills and estates in Italy, explained for clients
Italian succession law is codified, and it limits how freely you can distribute what you own. Under the Civil Code your spouse, your children and, where there are no children, your ascendants hold a reserved share (legittima), so only the remaining quota disponibile can be left as you choose. Transfers of immovable property must pass through a notarial deed, and an heir who has been prejudiced can bring the azione di riduzione. That is why wills lawyers in Italy do more than draft documents: they plan the estate, check how it interacts with the matrimonial property regime, manage the notarial steps and, if needed, act before the Tribunale and on appeal. We are not a law firm. We listen to your situation and match you with a lawyer who practises this area.
Italy in practice
How wills and succession work in Italy
Succession in Italy is governed by the Civil Code and dealt with by a codified court system in which the Tribunale ordinario is the general first-instance court. Two features shape almost every will: forced heirship and the notarial form required for immovable property.
Forced heirship limits how freely you can dispose
Under arts. 536-537 of the Civil Code the spouse, the children and, absent children, the ascendants are legittimari with a reserved share. One child is reserved one half of the estate; several children share two thirds equally; the spouse’s share combines with theirs. Only the quota disponibile is free, and a prejudiced heir may bring the azione di riduzione.
Notarial deeds wherever property is involved
Contracts transferring ownership of immovable property must take the form of a public deed or authenticated private writing, on pain of nullity under art. 1350 of the Civil Code. To bind third parties the transfer must be transcribed in the land registry. In practice the notaio is unavoidable: the notary verifies title and handles registration, mortgage and cadastral taxes and transcription.
Which court hears a succession dispute
Civil claims start before the Tribunale ordinario, sitting as a single judge or a three-judge panel depending on the matter, while minor claims go to the Giudice di Pace. Appeals on the merits go to the Corte d’Appello. The Corte Suprema di Cassazione in Rome reviews questions of law only, ensuring uniform interpretation.
Mediation is a condition of admissibility
Under art. 5 of Legislative Decree 28/2010, claims in a listed set of matters — including inheritance, real rights, division and family covenants — cannot be brought unless the parties first attempt mediation. The condition is satisfied once the first meeting takes place, even without settlement. A lawyer will tell you whether your dispute falls within the list.
Who may act for you, and what it costs
Civil proceedings require a qualified avvocato, except personal appearance before the Giudice di Pace in claims up to EUR 1,100. Court proceedings carry the contributo unificato, scaled to the value of the claim, plus a EUR 27 marca da bollo. Fees are freely agreed; absent agreement the court applies the ministerial parametri forensi, and legal aid is available for eligible incomes.
Matrimonial property decides what the estate contains
Unless the spouses sign a notarised prenuptial agreement, the default regime is community of property acquired after marriage under art. 159 of the Civil Code. Assets acquired during the marriage fall into the common estate, while property owned before marriage or received by gift or inheritance stays separate. This determines what actually forms part of a deceased spouse’s estate.
Key time limit — Inheritance, Probate & Wills
Succession (acceptance of an inheritance) — 10 years. Acceptance of an inheritance follows the ordinary ten-year limitation period under the Civil Code.
The country information on this page is taken from official Italian sources (Normattiva, Consiglio Nazionale Forense, Ministero della Giustizia and the Consiglio Superiore della Magistratura), consulted in 2025.
- Italian Civil Code (Royal Decree no. 262 of 16 March 1942) — Normattiva, arts. 536-537, 1350, 159, 2946
- Consiglio Nazionale Forense — the profession of avvocato and the albo degli avvocati
- Ministero della Giustizia — legal aid in civil and administrative proceedings
- Legislative Decree 28/2010, art. 5 — mandatory mediation as a condition of admissibility
- Consiglio Superiore della Magistratura — the Italian judicial system
Common situations
Why clients look for a wills lawyer in Italy
Most enquiries come from people who own something in Italy, have family there, or have already received a claim from another heir.
You are unsure what you may leave
Italian forced heirship reserves part of your estate for your spouse, your children or, with no children, your ascendants. A will that ignores the reserved share can be challenged later through the azione di riduzione, so planning matters as much as drafting.
The estate includes Italian property
Immovable property must be transferred by notarial deed and transcribed in the land registry. Wills, gifts and estate divisions involving real estate therefore need a lawyer and a notaio working from a single, coherent plan.
The family is already in dispute
Inheritance, division and real-rights claims must first go to mediation under Legislative Decree 28/2010. Instructing a lawyer who knows the procedural steps — and the courts that follow them — keeps a family disagreement from becoming a long one.
How we help
What you get from the matching service
We are an independent platform: we do not practise law and we do not charge you for the introduction.
Lawyers who practise succession daily
We match you with avvocati who work on wills, forced heirship, estate division and probate, and who coordinate with notaries where a public deed and land-registry transcription are required.
Costs discussed before you commit
Italy has no binding statutory tariff: fees are agreed with the client, or set by the court using the ministerial parametri forensi. Your lawyer explains the basis of the fee and the court fees involved.
Support in the language you use
Italian is the language of the courts, with German co-official in Trentino-Alto Adige/Südtirol and French in Valle d’Aosta. Tell us your language and we look for a lawyer who can work in it.
One request, several options
You describe the estate, the heirs and any dispute once. We compare matching lawyers so you can choose who to instruct — at no cost and with no obligation to proceed.
Other countries
Cross-border estates we also cover
If assets, heirs or a will are connected to another European country, you can request a lawyer there as well.
Frequently asked questions
Wills and succession in Italy: your questions
Can I leave my estate in Italy to whoever I want?
Not entirely. Under arts. 536-537 of the Civil Code your spouse, your children and, where there are no children, your ascendants hold a reserved share that you cannot dispose of. Only the quota disponibile is free, and a prejudiced heir may bring the azione di riduzione.
Do I need a notary for Italian property left in a will?
For transfers of ownership of immovable property, art. 1350 of the Civil Code requires a public deed or authenticated private writing on pain of nullity, and transcription in the land registry for effect against third parties. In practice a notaio handles the deed and the related registration and mortgage taxes.
How do wills lawyers in Italy handle disputes between heirs?
Inheritance disputes must first go through mediation: art. 5 of Legislative Decree 28/2010 makes the attempt a condition of admissibility for inheritance, division and real-rights claims. The condition is met once the first meeting takes place. If no settlement follows, the claim is brought before the Tribunale, with appeal to the Corte d’Appello.
How long do I have to accept an inheritance in Italy?
Acceptance of an inheritance follows the ten-year ordinary limitation period under the Civil Code. Because other Italian terms are far shorter — the 60-day forfeiture term for challenging a dismissal, for instance — it is worth having the position checked early rather than relying on the general rule alone.
What does a wills lawyer cost in Italy?
There is no binding statutory tariff. Since the abolition of minimum fees, fees are agreed between lawyer and client; where there is no agreement the court liquidates them using the ministerial parametri forensi, which set reference values by phase of the proceedings. Court proceedings also carry the contributo unificato and a EUR 27 marca da bollo.
Do I need to be in Italy to instruct an avvocato?
No. Lawyers are registered with a territorial Consiglio dell’Ordine and can be instructed from abroad, and instructions and documents can largely be handled remotely. Some formalities, such as notarial deeds, are nevertheless completed in Italy. Tell us where you are and we look for a lawyer used to cross-border estates.
Next step
Tell us about your estate and we will find the right lawyer
Describe your situation in a few lines: where the assets are, who the heirs are, and whether anything is already in dispute. We compare it with lawyers who handle wills and succession in Italy and put you in contact. The matching is free and you decide whether to instruct.