When a person dies without a will, intestate succession opens (Art. 565 et seq. of the Civil Code): it is the law that establishes who inherits and in which shares. The first called are the spouse and children; in their absence parents, brothers and sisters take over, then the other relatives up to the sixth degree and, finally, the State.
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Without a will the inheritance is divided according to fixed shares established by the Civil Code, which change depending on the relatives present. Spouse and children have priority; parents and siblings take over only in the absence of children. Reconstructing the family tree and the assets is the first step for every succession.
Legal and case-law references
Spouse and children
Only children
Spouse and one child
Spouse and several children
If a child has predeceased, his descendants take over by representation (Art. 467 c.c.), dividing among themselves the share that would have gone to the parent.
Next question: How does one accept or renounce an inheritance? Acceptance of the inheritance.
What happens if there are no children?
If the deceased leaves the spouse together with parents (or other ascendants) and/or brothers and sisters, the spouse is entitled to two thirds of the inheritance; the remaining third goes to the others, with the guarantee that the ascendants are in any case entitled to at least one quarter of the inheritance (Art. 582 c.c.).
If the spouse is also missing, parents and siblings inherit per capita, but the parents cannot receive less than half in total (Art. 571 c.c.). Half-siblings (with only one parent in common) receive half the share of full siblings (Art. 570 c.c.).
Example: the mother and two siblings remain. Dividing per capita, each would receive a third; since the mother must receive at least half, she gets 50% and the siblings 25% each.
Do you have a similar case? You can submit your documents to the Firm for an assessment.
Request a consultationThe family home and the surviving spouse
Even without a will the spouse keeps the right of habitation over the house used as the family residence and the use of the furniture, if owned by the deceased or jointly owned (Art. 540 c.c.). The Joint Chambers of the Court of Cassation (judgment of February 27, 2013, no. 4847) clarified that these rights are due also in intestate succession and that their value must be deducted from the estate before dividing the rest among the heirs.
Separated spouse, divorced spouse and civil partner
The separated spouse keeps succession rights, unless the separation was attributed to his fault (Art. 585 c.c.). The divorced ex-spouse is not an heir, but under certain conditions may ask for an allowance chargeable to the estate. The party to a civil union has the same rights as a spouse (Law 76/2016); the de facto cohabitant, instead, is not a statutory heir.
Frequently asked questions
QWhat happens if there are no children?
AIf the deceased leaves the spouse together with parents (or other ascendants) and/or brothers and sisters, the spouse is entitled to two thirds of the inheritance; the remaining third goes to the others, with the guarantee that the ascendants are in any case entitled to at least one quarter of the inheritance (Art. 582 c.c.).
QIn brief, what should you know about: succession without a will?
AWithout a will the inheritance is divided according to fixed shares established by the Civil Code, which change depending on the relatives present. Spouse and children have priority; parents and siblings take over only in the absence of children. Reconstructing the family tree and the assets is the first step for every succession.
Related guides
Division of the estate: the complete guide →All guides: Inheritance and gifts →
In summary
Without a will the inheritance is divided according to fixed shares established by the Civil Code, which change depending on the relatives present. Spouse and children have priority; parents and siblings take over only in the absence of children. Reconstructing the family tree and the assets is the first step for every succession.
Do you have a similar issue?
Each situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call from your computer. Offices in Naples, Rome and Bari.
Official sources
Informational content updated on September 26, 2026. It does not constitute legal advice.
Main page on the subject: Inheritance and gifts in Naples: all the guides and how to contact the firm →
The route that usually works best
The possible routes
- Identify who is called by law: first spouse and children, then parents and siblings.
- If you are the spouse: enforce the right of habitation over the family home.
- If you are a separated spouse, divorced spouse or civil partner: check your specific position.
Which usually works best and why
It depends on the case, that is, on who the relatives present are. The shares are fixed by the Civil Code and change depending on spouse, children, parents and siblings. For this reason the first step is to reconstruct the family tree and the assets of the deceased.
What to do right away
- Reconstruct the family tree of the deceased.
- List the assets of the estate.
- Check which share is due to each person called, according to your family situation.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- If a child has predeceased, his descendants take over by representation.
- The de facto cohabitant is not a statutory heir.
- The value of the spouse’s right of habitation must be deducted from the estate before dividing the rest among the heirs.
The Firm also offers remote consultations, with documents sent online, and gives you a written quote before the engagement. I see clients by appointment in Naples, Rome and Bari.
To learn more about inheritance
Read also
- Division of the estate: what to do if the heirs disagree or the property cannot be divided
- Inherited house occupied by only one heir: must an indemnity be paid to the others?
- Family pact: how to pass the business or company shares to the children
Translated from the Italian original; updated on October 18, 2026.
(Read also): Legal guides from Studio Legale Fiorentino · Reserved shares: who is entitled by law to part of the inheritance · Inheritance succession: the rights of statutory heirs and the shares