Succession · Assets in Italy

Inheriting assets in Italy from abroad.

A parent, a relative or a spouse has died leaving assets in Italy, and you live in Argentina, Spain or elsewhere. Here is how the Italian succession is opened and closed remotely, with real timelines, taxes and documents.

I am an attorney admitted in Argentina (Rosario Bar, Federal registration). I am not admitted to the Italian bar. I coordinate with Italian notaries and lawyers for the acts within their competence, and I handle the Argentine side directly when the estate involves both countries. One point of contact, two jurisdictions that speak to each other.

The case, in concrete terms.

An Italian succession opens on death and is anchored where the deceased had their last residence. If there are properties, bank accounts, company shares or securities in Italy, those assets do not pass to the heirs until the succession declaration is filed and the transfers are registered. You need not be an Italian citizen or live in Italy: you only have to organise the process from abroad.

EU Regulation 650/2012 provides that a succession is governed, as a rule, by the law of the deceased's last habitual residence, unless they chose the law of their nationality by will. This determines which law governs the shares, the reserved portion and the validity of the will — a point to clarify at the outset, because it shapes everything else.

Typical cases.

A property inherited in Italy

A house in a town in the south or north, often a parent's or grandparent's. It must be declared, transferred at the land registry and — if you wish — sold. All of it can be done remotely with a power of attorney.

Frozen bank accounts

The Italian bank freezes the deceased's accounts until the succession declaration is filed. With the correct documentation they are released and transferred to the heirs.

Forced heirship to protect

Italian law reserves a share for the forced heirs (spouse, children, ascendants). If a will infringes it, there are tools to enforce it. It should be checked before signing any agreement.

The path in five stages.

01

Succession declaration

It is filed with the Italian Revenue Agency within 12 months of the death, electronically. Residents abroad may, exceptionally, file on paper with the office competent for the deceased's last residence.

02

Taxes

Inheritance tax with rates from 4% to 8% by degree of kinship; on real estate, mortgage tax (2%) and cadastral tax (1%) are added. For successions opened from 1 January 2025 the tax is paid by self-assessment with an F24 form.

03

Power of attorney and documents

You sign a power of attorney before the Italian consulate or a local notary (apostilled and translated). Civil-status records exchanged between Italy and Argentina are exempt from legalisation under the 1987 Agreement.

04

Transfers and account release

Land-registry transfer of the properties into the heirs' names, notice to the banks to release and transfer the balances, updating of the registers. This is the stage at which the inheritance actually becomes yours.

05

Sale and transfer of funds

If you want to sell the property, the deed is executed before an Italian notary; I can represent you with a power of attorney. Funds are then transferred abroad in line with the destination country's currency rules.

Taxes: what to expect.

Italian inheritance tax rates are unchanged after the reform: 4% for spouse and children (with a 1 million euro allowance per heir), 6% for siblings (100,000 euro allowance), 6% for other relatives up to the fourth degree and for relatives-in-law within the statutory limits (no allowance), and 8% for everyone else. On real estate, mortgage tax (2%) and cadastral tax (1%) are added, with a minimum of 200 euros each.

Since 1 January 2025, under Legislative Decree 139/2024, the tax is no longer assessed by the authority: the heir calculates and pays it by self-assessment, with the option of instalments.

There is no Italy–Argentina treaty against double taxation on inheritance. Where relief applies, it comes through the tax credit under Article 26 of Legislative Decree 346/1990 for taxes paid abroad on assets located there.

Accept, renounce, or accept with benefit of inventory.

Before signing, you decide how to take the inheritance. Unconditional acceptance makes the heir succeed to the deceased's debts as well. Acceptance with benefit of inventory limits liability to the value of the inherited assets. Renunciation is done by deed before a notary or the court clerk. All of these acts can be performed from abroad, by power of attorney or before the consulate.

When there are assets in several EU countries, EU Regulation 650/2012 provides the European Certificate of Succession, which proves heir status in the participating member states without further recognition procedures. Argentina is a third state: Argentine law applies to assets located in Argentina, and the two processes are coordinated so they do not contradict each other.

Frequently asked questions.

How long does a succession with assets in Italy take?
The succession declaration must be filed within 12 months of the death. The tax part usually closes within that window; the land-registry transfer and the release of bank accounts follow in the following weeks. Cases with property to sell or several heirs can take longer. I give a realistic estimate after reviewing the documents.
Do I have to travel to Italy for the process?
In most cases, no. With a power of attorney signed before the Italian consulate (or before a local notary, apostilled and translated) I can represent you for the succession declaration, the land-registry transfer and dealings with banks and offices. Meetings are held by video call.
What documents are needed from abroad?
Generally: the death certificate, the heirs' identity documents, any will and the documents on the Italian assets (land-registry records, bank statements). Civil-status records exchanged between Italy and Argentina are exempt from legalisation under the 1987 Agreement; other documents need a Hague apostille.
How much inheritance tax is due in Italy?
Italian inheritance tax is 4% for spouse and children (with a 1 million euro allowance per heir), 6% for siblings (100,000 euro allowance), 6% for other relatives up to the fourth degree (no allowance), and 8% for others. On real estate, mortgage tax (2%) and cadastral tax (1%) are added. The calculation depends on the value and the degree of kinship.
How are Italian inheritance taxes paid now?
For successions opened from 1 January 2025, self-assessment applies: the heir calculates and pays the tax with an F24 form, no longer the tax authority by assessment notice. Payment in instalments is possible.
Is there double taxation between Italy and Argentina?
There is no Italy–Argentina treaty against double taxation on inheritance (the existing one covers income taxes). Relief, where it applies, comes through the tax credit under Article 26 of Legislative Decree 346/1990 for taxes paid abroad on assets located there.
Can I sell the inherited property in Italy while living abroad?
Yes, once the succession declaration and the land-registry transfer are complete. The sale is executed before an Italian notary; I can represent you with a power of attorney. Funds are then transferred abroad in line with the destination country's currency rules.
What is the European Certificate of Succession?
It is a document provided by EU Regulation 650/2012 that proves heir status in the participating EU states without further recognition procedures. It is useful when there are assets in several EU countries. Argentina is a third state: Argentine law applies to Argentine assets.

The other side.

Many families have assets in both countries: a house in Italy and one in Argentina, heirs split across two continents. In that case this process is coordinated with the Argentine one — which I handle directly. See international inheritance for the full picture and inherited assets in Argentina for the mirror process.

Inherited assets in Italy?

Tell me the case in three lines. The first consultation is free and I tell you where to start.

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