When a family member leaves more debts than assets, the simplest solution may be to renounce the inheritance. It is, however, a formal act, with consequences that must be assessed also for the other family members.
In 30 seconds
Renunciation protects from the deceased’s debts, but it must be made in the correct form and before performing acts of acceptance. It is useful to assess in advance the situation of the whole family, because the renounced share passes to others.
Legal and case-law references
The form
Renunciation must be made by a declaration received by a notary or by the clerk of the court of the district in which the succession opened, and it is entered in the register of successions (Art. 519 c.c.). A renunciation made by a simple letter or in a private agreement has no value.
What to avoid before renouncing
Whoever wants to renounce must not perform acts that presuppose the intention to accept, because they may count as tacit acceptance (Art. 476 c.c.). For example:
- selling or giving away the deceased’s assets;
- collecting credits or withdrawing sums from the deceased’s account for personal use;
- stably occupying an inherited property as owner.
By contrast, conservatory acts and acts of temporary administration are allowed (Art. 460 c.c.), such as paying funeral expenses or making urgent repairs.
Caution: whoever is in possession of the inherited assets must act within the deadlines of Art. 485 c.c., otherwise he or she risks being considered a pure and simple heir.
Do you have a similar case? You can submit your documents to the Firm for an assessment.
To whom the share passes
Renunciation has retroactive effect: the renouncing person is considered as if he or she had never been called. His or her share passes:
- to his or her descendants, by representation (Art. 467 c.c.), if the deceased was his or her parent or brother or sister;
- failing that, to the other co-heirs by accretion, or to the subsequent heirs.
For this reason, if the inheritance is in deficit, the children of the renouncing person often have to renounce as well, including minors, with the authorization of the guardianship judge.
Life insurance and severance pay (TFR)
The sums due under a life insurance policy belong to the beneficiary in his or her own right (Art. 1920 c.c.): they are not part of the inheritance and can be collected even by renouncing. Specific rules apply to the severance pay (TFR) and certain indemnities of the deceased worker (Art. 2122 c.c.).
Can one go back?
As long as the right to accept has not lapsed and the inheritance has not been acquired by another person called, the renouncing person can still accept (Art. 525 c.c.).
Frequently asked questions
QCan one go back?
AAs long as the right to accept has not lapsed and the inheritance has not been acquired by another person called, the renouncing person can still accept (Art. 525 c.c.).
QIn brief, what should you know about: renunciation of the inheritance?
ARenunciation protects from the deceased’s debts, but it must be made in the correct form and before performing acts of acceptance. It is useful to assess in advance the situation of the whole family, because the renounced share passes to others.
Related guides
Division of the estate: the complete guide →All guides: Inheritance and gifts →
In summary
Renunciation protects from the deceased’s debts, but it must be made in the correct form and before performing acts of acceptance. It is useful to assess in advance the situation of the whole family, because the renounced share passes to others.
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
- Renounce the inheritance with a declaration before a notary or the clerk of the court.
- Do not renounce and consider other forms of acceptance, for example with benefit of inventory.
- If you have already renounced, check whether you can still accept.
Which usually works best and why
It depends on the case. If the inheritance is burdened with debts, renunciation protects from the deceased’s debts, but only if it is made in the correct form and before performing acts that count as acceptance. The situation of the other family members also matters, because the renounced share passes to the descendants or to the other co-heirs.
What to do right away
- Do not sell or give away the deceased’s assets and do not withdraw sums from his or her account for personal use.
- Assess the position of the whole family, including any minor children.
- Make the declaration of renunciation in the prescribed form.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
Read also: Attorney for successions in Naples and Campania: consultation · A brother renounces the inheritance in Soccavo: what happens to his share.
How Attorney Fiorentino can assist you
- Conservatory acts are allowed, such as paying funeral expenses or making urgent repairs.
- The sums of a life insurance policy belong to the beneficiary in his or her own right and can be collected even by renouncing.
- If the renunciation concerns a parent with minor children, the authorization of the guardianship judge is needed.
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
- Reserved shares: who is entitled by law to part of the inheritance
- Action for reduction: how to protect the reserved share
- Acceptance of the inheritance with benefit of inventory: when it is worthwhile
(Read also): Legal guides from Studio Legale Fiorentino · Person called to the inheritance: who they are, what they can do and the risks before acceptance · How to obtain the deceased’s money from the bank?
Translated from the Italian original; updated on October 18, 2026.