Implied acceptance of an inheritance: which acts make you an heir without knowing it

Many people discover that they are “pure and simple” heirs only when a payment demand arrives. They signed nothing: they sold a car, collected a rent, started a lawsuit. This is how implied acceptance works.

Contents

1. What the law says
2. Acts that amount to implied acceptance
3. Acts that as a rule do not
4. Assignment of rights and paid renunciation
5. Frequently asked questions

Updated on October 2026 (translation of the Italian original).

What the law says

Acceptance is implied when the person called to the inheritance does an act that necessarily presupposes the intention to accept and that they would have no right to do except as an heir (art. 476 Civil Code). Both requirements must be seen together (Italian Court of Cassation, Sec. II, order of 30 September 2020, no. 20878). Whoever claims that an act implies acceptance must prove it.

Acts that amount to implied acceptance

Case law has found implied acceptance, depending on the case, in these behaviours:

• a court claim for division of the inheritance, or joining one brought by others (Cass., Sec. II, order of 18 April 2024, no. 10544);
• opposition to an injunction order brought as heir of the debtor (Cass., Sec. III, order of 3 June 2024, no. 15504);
• collecting rent on an inherited property (Cass., Sec. II, 6 February 2014, no. 2743);
• granting a mortgage over an inherited asset (Cass., Sec. VI-2, order of 1 March 2021, no. 5569);
• returning a deposit by the person called, with termination of a preliminary contract (Cass., Sec. II, 18 September 2023, no. 26690);
• the cadastral transfer of the deceased’s assets, which also matters in civil law (Cass., Sec. II, 11 May 2009, no. 10796), provided it can be attributed to the person called (Cass., Sec. III, order of 13 August 2024, no. 22769).

Acts that as a rule do not

The person called may do protective acts, acts of supervision and temporary administration, and may bring possessory actions (art. 460 Civil Code). According to the Court of Cassation, the filing of the succession return, payment of the related taxes, and the request to register the will (Cass., Sec. II, order of 19 February 2019, no. 4843) are not in themselves implied acceptance, nor is paying a debt of the deceased with one’s own money (Cass. no. 20878/2020). The inquiry is always one of fact: the judge assesses the whole behaviour.

Assignment of rights and paid renunciation

Gift, sale or assignment of succession rights to a stranger or to some of those called amount to acceptance (art. 477 Civil Code). The same applies to a renunciation made for consideration or in favour of only some of those called (art. 478 Civil Code).

Frequently asked questions

Can I pay the funeral costs without becoming an heir?

It depends on how and with what funds: the case must be assessed, because using the deceased’s money can be risky. Ask for advice before acting.

Can implied acceptance be revoked?

No: acceptance is irrevocable and, once made, it remains even if you later renounce (Cass., Sec. VI-2, order of 23 July 2020, no. 15663).

If I become an heir unintentionally, am I liable for the debts?

Pure and simple acceptance, even implied, makes you liable for the inheritance debts with your own assets too. That is why it is worth assessing the case before doing anything with the deceased’s assets, for example whether the benefit of inventory is still possible. See acceptance with the benefit of inventory.

Main page on this subject: Lawyer for inheritance matters in Naples and Campania.

By Avv. Renato Giuseppe Fiorentino, Naples Bar. Over 25 years of practice in civil law. This article is informational and does not replace advice on your case. Text prepared with the support of artificial intelligence tools and reviewed by the lawyer.