In 30 seconds
To sell in Italy the buyer’s notary must be able to follow an unbroken chain of title. For inherited property this is often the problem: the inheritance must be properly accepted and recorded before the sale. You also need conformity of the building with the plans, the energy certificate and, if you cannot travel, a valid power of attorney.
A house inherited from an Italian relative can sit unsold for years because of a missing step in the paperwork. Owners who live in the United States face the same questions: what must be in order, who signs, and how the money moves. This guide lists the checks that decide whether a sale can close.
Start from the title chain
The buyer’s notary traces ownership back through the recorded deeds. Each transfer, including inheritances, must be properly recorded in the land registers. If a prior heir never accepted or recorded an inheritance, the chain is broken and must be repaired before you can sell, which may require the acceptance or the intervention of other heirs. Our guide to inheriting from an Italian relative explains acceptance.
Typical case
A problem that happens often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A woman in Illinois inherits her aunt’s apartment, who herself inherited it from her husband years earlier without completing the steps for the property. The buyer’s notary refuses to proceed. Repairing the missing steps adds months and costs, and the buyer’s offer lapses.
The documents the notary will ask for
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Book a consultationPreliminary contract and deposit as a seller
As a seller you will often sign a preliminary contract and receive a deposit. Read our guide to the preliminary contract and the deposit: if you back out after receiving a confirmatory deposit, you may have to return double (art. 1385 Civil Code). Do not sign with an agent’s template without checking the conditions and the deadline for the deed.
Signing from the United States
You can authorize an attorney-in-fact to sign the deed for you. The form and legalization of the power of attorney are decisive: see Power of attorney for Italy from the United States. Limit the powers to this sale, a minimum price and payment to your own bank account.
Taxes and the money
Capital gains and other taxes on a sale depend on how and when you acquired the property and on your residence. Taxes and reporting in the United States are for a US tax professional; the firm does not advise on them. Ask the notary how the price is paid and keep all bank records.
Frequently asked questions
Can I sell an inherited property in Italy if I am the only heir?
Yes, if the inheritance has been accepted and the chain of title is complete. Missing steps may need to be completed first.
Do I have to come to Italy to sign?
No, if you give a valid power of attorney to a trusted person.
What if the building does not match the plans?
The buyer’s notary will usually require the situation to be regularized or declared. Get the surveyor’s report early.
Does the firm advise on US taxes?
No. We handle the Italian legal side and work alongside your US advisers.
Related guides
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace an interpreter or a certified translation. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
- Italian Civil Code, art. 2643 (Normattiva)
- Italian Civil Code, art. 1385 (Normattiva)
- Presidential Decree 380/2001, Building Code (Normattiva)
- U.S. Embassy & Consulates in Italy: notarial services
- U.S. Embassy & Consulates in Italy: American Citizen Services
- U.S. Embassy & Consulates in Italy: contact
- U.S. Department of State: Italy country information
- Italian Ministry of Foreign Affairs: consular services and visas
Information updated on October 10, 2026. This is general information, not legal advice. The firm does not advise on United States law or taxes.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 10, 2026.