Person called to the inheritance: who they are, what they can do and the risks before acceptance

Are you a person called to the inheritance? Find out your powers, your duties of preservation and how to avoid tacit acceptance. Rely on our Law Firm for your succession.

Have you just lost a relative and been indicated as a possible heir? At this delicate time, you are in a kind of legal “limbo”: you are not yet officially an heir, but you are what the law calls a “person called to the inheritance”.

Many make the mistake of thinking that, while waiting to decide whether to accept or renounce, nothing can be touched. Others, on the contrary, act as if the assets were already their own, making missteps that can be very costly (such as the involuntary acceptance of debts).

In this article we explain simply who the person called to the inheritance is, what his or her powers are and, above all, how to proceed so as not to make fatal mistakes.

Who is the “person called to the inheritance”?

The person called to the inheritance is the one who has the right to accept the inheritance, but has not yet done so. He or she is in a situation of expectancy.

Until you accept (expressly or tacitly), the deceased’s estate is not yours, but the law grants you special powers to protect these assets pending the final decision.

What can you do without becoming an heir?

The law (Art. 460 of the Civil Code) is clear: even if you have not yet accepted, you have the right and the duty to prevent the estate from going to ruin.

Here is what you can do without this entailing automatic acceptance of the inheritance:

• Conservatory acts: You can take actions to protect the assets. For example, change the lock of the house to prevent theft, or take movable assets to a safe place.
• Supervision and temporary administration: You can pay an urgent debt to avoid protests or default interest, or collect a rent (provided that this money is kept for the inheritance and not spent for yourself).
• Acts interrupting the limitation period: You can send formal notices to prevent the inheritance from losing credits through the passing of time limits.
• Request for an inventory: You can and must have an inventory of the assets drawn up, affix seals or request a seizure if necessary.

These acts are called “temporary administration”: they serve to freeze the situation and preserve the value for whoever (you or others) will accept the inheritance.

What is tacit acceptance?

Here maximum attention is needed. There is a thin line between “preserving” and “disposing”.

If you perform an act that presupposes the intention to be the owner, so-called tacit acceptance of the inheritance occurs.

What does it mean? It means that you become a pure and simple heir, taking on also all the debts of the deceased, with no possibility of second thoughts.

Examples of risky acts:

• Selling an asset of the inheritance (even an old car) without the Judge’s authorization.
• Withdrawing money from the deceased’s account for personal expenses.
• Terminating contracts or utilities permanently, behaving as the owner.

When is the Judge’s authorization needed?

Sometimes, to protect the estate, it is necessary to sell an asset (for example assets that deteriorate or whose management is too costly).

As a person called to the inheritance, you can do so only with the prior authorization of the Court of the place where the succession opened.

Without this authorization, the sale automatically turns you into an heir, with all the related risks.

Possession of the assets: what changes?

If you lived with the deceased or have the keys to the house, you are a “person called in possession of the assets”.

In this case, you also have the power (and the duty) to represent the inheritance if someone sues it. However, material possession imposes very tight deadlines for drawing up the inventory (3 months), on pain of forced acceptance of the inheritance.

How much time the person called has to decide

The time depends on a single circumstance: whether or not you have possession of the inherited assets.

• If you do not have possession of the assets: there is no short deadline. The right to accept lapses after ten years from the opening of the succession (Art. 480 c.c.). But anyone with an interest, for example a creditor of the deceased, can ask the judge to set you a deadline to declare whether you accept (Art. 481 c.c.). If you let that deadline expire without declaring anything, you lose the right to accept.
• If you have possession of the assets: you must draw up the inventory within three months of the opening of the succession or of the news of having been called; the judge may grant an extension of up to three months (Art. 485 c.c.). Once the inventory is complete you have forty days to decide whether to accept or renounce. If the inventory is not done in time, or if you do not decide within the forty days, you are considered a pure and simple heir, with the deceased’s debts.

How to accept with benefit of inventory or renounce. Both are formal declarations, to be made before a notary or the clerk of the court of the district in which the succession opened; they are then entered in the register of successions (Arts. 484 and 519 c.c.). For the details see the guides on acceptance with benefit of inventory and on renunciation of the inheritance.

If you renounce, can you change your mind? Only as long as the right to accept has not lapsed and no other person called has already accepted the inheritance; the rights acquired by third parties remain safe (Art. 525 c.c.). In practice the renunciation should be considered final, and before signing it it is worth checking who takes your place.

Why is it important to be assisted by a lawyer?

Managing the pre-acceptance phase is a minefield.

One wrong act, one signature too many or a missed deadline is enough to find yourself the heir of a complex debt situation.

At our Firm we assist heirs and persons called to the inheritance every day to:

1. Distinguish which acts can be performed safely.
2. Obtain the judicial authorizations for the sale of inherited assets.
3. Assess whether it is worthwhile to accept, renounce or accept with benefit of inventory.
4. Manage relations with creditors and banks before acceptance.

Do not risk your personal assets for a procedural error. If you have to manage a succession, contact us right away.

Do you need legal assistance for a succession?

Contact our Law Firm for a consultation. We will follow you step by step in protecting your interests and in the proper preservation of the family estate.

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Frequently asked questions

What can the person called to the inheritance do before accepting?

He or she may perform conservatory acts and acts of temporary administration (Art. 460 c.c.), such as putting the assets in a safe place, paying an urgent debt or having the inventory drawn up, without becoming an heir.

What does tacit acceptance entail?

If you perform an act as owner, for example sell an asset without the judge’s authorization, you become a pure and simple heir and also answer for the deceased’s debts.

By when must I draw up the inventory if I have possession of the assets?

Within three months of the opening of the succession or of the news of the call, with a possible extension of up to three months granted by the judge (Art. 485 c.c.). After the inventory you have forty days to decide; otherwise you are a pure and simple heir.

How much time do I have to accept the inheritance if I do not possess the assets?

The right to accept lapses after ten years from the opening of the succession (Art. 480 c.c.), but a creditor or other interested person can ask the judge to set you a deadline to declare whether you accept (Art. 481 c.c.). If you do not declare within that deadline, you lose the right to accept.

After renunciation can I still accept?

Yes, but only as long as the right to accept has not lapsed and no other person called has already accepted; the rights acquired by third parties remain safe (Art. 525 c.c.).

Sources: Normattiva, Civil Code, Arts. 460, 480, 481, 484, 485, 519 and 525. Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case.

Translated from the Italian original; updated on October 18, 2026.

(Read also): Legal guides from Studio Legale Fiorentino · How to obtain the deceased’s money from the bank? · Division of the inheritance: how it works, including for the family home