A missing heir, or one living abroad, does not block the division forever. If the heir can be traced, they can take part with a power of attorney or connect remotely. If they do not respond, action is taken in court and the documents are served abroad or, after serious searches, as for an untraceable person (Art. 143 of the Code of Civil Procedure, c.p.c.). If they have disappeared, the court may appoint a curator of the missing person (Art. 48 of the Civil Code, c.c.).
In 30 seconds
The heir abroad can take part with a consular or apostilled power of attorney, or connect to the mediation remotely. If they do not cooperate, the lawsuit is served under European or international rules. If they are untraceable or have disappeared, Art. 143 c.p.c. and the curator under Art. 48 c.c. are used. Each situation must be assessed on the documents.
Legal and case-law references
Why must all heirs take part?
The division concerns the entire common estate. A division before a notary requires the consent of all co-heirs. A division in court must be brought against all of them (Art. 784 c.p.c.): without one of them the judgment is not valid.
The heir lives abroad but agrees: what must they do?
They can grant a special power of attorney to a relative or another trusted person:
- before the Italian consulate of the country where they live;
- or before a local notary, with an apostille (Hague Convention of October 5, 1961) or legalisation, and translation.
With the power of attorney, the representative signs the deed of division before the notary in Italy.
Next question: How long does the division lawsuit last and how much does it cost? Division lawsuit: how long it lasts and how much it costs.
Do you have a similar case? You can submit your documents to the Firm for an assessment.
Request a consultationHow is the heir abroad involved in the mediation?
Before the division lawsuit, an attempt at mediation is mandatory (Art. 5 of Legislative Decree 28/2010, d.lgs. 28/2010). After the Cartabia reform and the corrective decree (Legislative Decree 216/2024, d.lgs. 216/2024), the parties may also take part remotely, by audiovisual link. Anyone who cannot attend may delegate a representative informed of the facts, with a power of attorney.
How is the lawsuit served on someone living abroad?
European Union countries
Non-EU countries
In the absence of conventions
An heir who does not appear is declared in default. The lawsuit goes on.
What if the heir cannot be found at all?
Art. 143 c.p.c. is used: service is made by depositing the document in the municipality of the last residence or of birth, and it is completed on the twentieth day. Diligent searches are needed first: population register, AIRE (Register of Italians Residing Abroad), consulate, last known addresses. Case law annuls services based on generic searches.
What happens if the heir has disappeared?
What if the heir has not yet accepted the inheritance?
Anyone with an interest may ask the court to set a deadline within which the person called to inherit declares whether they accept or renounce. If the deadline expires without a declaration, the person called loses the right to accept (Art. 481 of the Civil Code, c.c.). This request too must be served under the rules seen above.
Frequently asked questions
QWhy must all heirs take part?
AThe division concerns the entire common estate. A division before a notary requires the consent of all co-heirs. A division in court must be brought against all of them (Art. 784 c.p.c.): without one of them the judgment is not valid.
QThe heir lives abroad but agrees: what must they do?
AThey can grant a special power of attorney to a relative or another trusted person: before the Italian consulate of the country where they live; or before a local notary, with an apostille (Hague Convention of October 5, 1961) or legalisation, and translation.
QHow is the heir abroad involved in the mediation?
ABefore the division lawsuit, an attempt at mediation is mandatory (Art. 5 of Legislative Decree 28/2010, d.lgs. 28/2010). After the Cartabia reform and the corrective decree (Legislative Decree 216/2024, d.lgs. 216/2024), the parties may also take part remotely, by audiovisual link. Anyone who cannot attend may delegate a representative informed of the facts, with a power of attorney.
QHow is the lawsuit served on someone living abroad?
AEuropean Union countries: Regulation (EU) 2020/1784 applies, in force since July 1, 2022. It replaced Regulation 1393/2007. Non-EU countries: the Hague Convention of November 15, 1965 applies, if the State is a party to it, or bilateral agreements. In the absence of conventions: Art. 142 c.p.c. applies, with service through the consular authorities or the Ministry of Foreign Affairs.
Related guides
Division of the estate: the complete guide →All guides: Inheritance and gifts →
In summary
The heir abroad can take part with a consular or apostilled power of attorney, or connect to the mediation remotely. If they do not cooperate, the lawsuit is served under European or international rules. If they are untraceable or have disappeared, Art. 143 c.p.c. and the curator under Art. 48 c.c. are used. Each situation must be assessed on the documents.
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 October 14, 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
- If the heir can be traced and agrees, have them take part with a special power of attorney (consulate, or local notary with apostille).
- If they do not cooperate, proceed in court with the division, serving the document abroad under European or international rules.
- If they cannot be found, serve under Art. 143 c.p.c. after diligent searches, or ask for a curator of the missing person.
Which usually works best and why
It usually works best to look for an agreement first: with a power of attorney the heir abroad takes part without travelling and the division is signed before the notary. A lawsuit in court remains the route if there is no cooperation. It depends on the case: the traceability of the heir and the quality of the searches carried out count.
What to do right away
- Check where the heir is, using the population register, AIRE, the consulate and the last known addresses.
- Try to make contact to obtain the power of attorney or remote participation.
- Document every search, because services based on generic searches are annulled.
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 the heir is abroad, ask in advance which procedure (consulate or apostille) and which translation are needed.
- Before the lawsuit, remember that mediation is mandatory and may also take place remotely.
- Keep proof of every attempt to contact the untraceable heir.
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.
Read also
- Inheritance without relatives up to the sixth degree: when the State inherits and what happens to the assets (Art. 586 c.c.)
- “Dormant” account or passbook of the deceased transferred to the Consap Fund: how the heirs recover the sums
- Inherited shares in an srl (limited liability company): when the heir becomes a partner
Translated from the Italian original; updated on October 18, 2026.
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