Dividing an Inheritance in Naples: How an Estate Is Divided Among Co-Heirs

Inheritance and gifts · Practice area

Dividing an inheritance in Naples: how an estate is divided among co-heirs

Attorney Renato Giuseppe Fiorentino · Published September 26, 2026 · Updated October 4, 2026 · 4 min read

Dividing an inheritance is the deed or court proceeding by which the co-heirs end their joint ownership, so that each receives specific assets in place of an undivided share. It is done by agreement before a notary or, if there is no agreement, by applying to the court after the mandatory attempt at mediation. Any co-heir may ask for it at any time (Article 713 of the Italian Civil Code), subject to the time limits the law allows a testator to set.

For individuals and businesses · Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari · consultations also by video call from anywhere in Italy and abroad.

In 30 seconds

Dividing an inheritance ends the joint ownership among the heirs: if they agree, it is done before a notary; if not, the case goes to mediation and then to court. Valuations, gifts received during the donor’s lifetime, the accounting of rents and other income, and the planning-law compliance of the buildings are the points that decide time and cost. Every situation has to be assessed on the documents.

The division process in 5 steps

1. Opening of the succession. The assets pass into joint ownership of all the heirs.
2. Agreement among co-heirs? If yes: valuations, lots and the deed before a notary.
3. Mandatory mediation. If there is no agreement, this is the first step before a lawsuit.
4. Court division. Court, court-appointed technical expert, division plan.
5. Assignment or auction. Lots with cash adjustments; a property that cannot be divided is assigned or sold.

Legal references

Article 713, Article 1102, Article 1105, Article 720 and Article 723 of the Italian Civil Code; Article 784 of the Italian Code of Civil Procedure.

How long does dividing an inheritance take?

General information, not legal advice. For your case: book a consultation.

When does joint ownership of an inheritance arise?

When a person dies and there is more than one heir, the assets belong to all of them jointly, each for their own share. While the joint ownership lasts:

• each co-heir may use the assets provided this does not prevent the others from using them equally (Article 1102 of the Italian Civil Code);
• acts of ordinary administration are decided by a majority of the shares (Article 1105 of the Italian Civil Code);
• selling a jointly owned asset requires everyone’s consent.

Division before a notary or by the court: what is the difference?

• Division by agreement (contractual division). All co-heirs agree on valuations and lots. For real estate, a public deed or a notarized private agreement is required. It is the fastest and least expensive route.
• Court division. It is requested from the court when there is no agreement. All co-heirs must take part in the proceedings (Article 784 of the Italian Code of Civil Procedure); the judge normally appoints a technical expert who values the assets and proposes the lots.
• Agreement reached in mediation. An agreement signed by the parties and their lawyers in mediation can complete the division without a lawsuit; for real estate, the signatures must be authenticated so the deed can be registered.

Do you have a similar case? You can submit your documents to the firm for an assessment. Request a consultation.

Heirs disagree about the house: how is it resolved?

General information, not legal advice. For your case: book a consultation.

Is mediation mandatory?

Yes. In matters of division and inheritance, attempting mediation is a precondition for bringing a court claim (Article 5 of Legislative Decree No. 28/2010). It takes place before a mediation body, also by video conference, with the assistance of a lawyer.

What happens if the property cannot be divided?

If a property cannot conveniently be divided, the judge assigns it in full to the co-heir with the largest share, or to several co-heirs who jointly ask for it, with a cash adjustment paid to the others. If nobody asks for it, the property is sold at auction and the proceeds are divided (Article 720 of the Italian Civil Code).

A co-heir lives in the inherited house: what can the others ask for?

A co-heir who uses the shared property exclusively, preventing the others from using it, may have to pay compensation for the period of exclusive use. If the co-heir collects rent or other income from the property, they must account for it and divide it in proportion to the shares (Article 723 of the Italian Civil Code). These accounts are settled in the division.

What if there are unauthorized buildings?

The Joint Sections of the Court of Cassation (Italy’s supreme court), in judgment no. 25021/2019, held that an inheritance division, whether by contract or by court, cannot concern buildings that lack the planning-law compliance required by law. Before dividing, building permits, amnesties and retroactive regularizations must be checked.

What accounts are drawn up in the division?

1. The estate is reconstructed: real estate, accounts, securities, movable property, debts.
2. Gifts received during the donor’s lifetime by children, descendants and the spouse are taken into account (collazione, or hotchpot, Article 737 of the Italian Civil Code), unless the donor exempted them.
3. Each co-heir accounts for the income received and the expenses paid (Article 723 of the Italian Civil Code).
4. The lots are formed and any cash adjustments are set.

What taxes are paid?

• registration tax of 1% on the value of the estate divided;
• mortgage and cadastral taxes at a fixed amount when real estate is involved;
• cash adjustments exceeding 5% of the value of the share to which the heir is entitled are taxed as a transfer for consideration.

The new Consolidated Act on indirect taxes (Legislative Decree No. 123/2025) will apply from January 1, 2027, after the postponement ordered by Decree-Law No. 200/2025.

Can a co-heir sell their share?

Yes, but if a co-heir sells the inherited share to an outsider, the other co-heirs have a right of pre-emption and, if they were not notified, may buy it back for as long as the joint ownership lasts (retratto successorio, the heirs’ right of redemption, Article 732 of the Italian Civil Code). Selling a single jointly owned asset, on the other hand, requires everyone’s consent.

Dividing an inheritance in Naples and remotely: how the firm works

1. Review of the documents: succession declaration, land registry searches, building permits, bank statements, gifts.
2. A division proposal to the other co-heirs, with valuations and lots, aiming at a deed before a notary.
3. Mediation and, if needed, proceedings before the competent court.

The firm receives clients in Naples at Piazza Giovanni Bovio 22 and at its other offices, by appointment; for co-heirs who live outside Naples or abroad, the consultation is held remotely, with documents sent online and a video call.

Frequently asked questions

Who can ask for the division of an inheritance?

Any co-heir can ask for it at any time (Article 713 of the Italian Civil Code). If the others do not agree, the mandatory attempt at mediation must be made before suing (Article 5 of Legislative Decree No. 28/2010).

What happens if a brother or sister does not want to sell the inherited house?

If the property cannot conveniently be divided, the judge assigns it to the co-heir who asks for it, with a cash adjustment paid to the others; if nobody asks for it, it is sold at auction and the proceeds are divided (Article 720 of the Italian Civil Code).

Does a co-heir who lives in the inherited house have to pay the others anything?

If they use it exclusively and prevent the others from using it, they may have to pay compensation for occupation; if they collect rent, they must account for it and divide it in proportion to the shares (Article 723 of the Italian Civil Code).

Can unauthorized buildings be divided?

No: according to the Joint Sections of the Court of Cassation (judgment no. 25021/2019), a division, even a court division, cannot concern buildings that lack the planning-law compliance required by law. Building permits and amnesties must be checked first.

Related guides

Inheritance division before a notary: costs and taxes; how long and how much a division lawsuit costs; heirs who disagree or an indivisible property; an inherited house occupied by a single heir; joint ownership of an inheritance before the division; can I sell my share of an inherited house; releasing money held at the bank after a death; adverse possession among co-heirs. See the legal guides.

In brief

Dividing an inheritance ends the joint ownership among the heirs: if they agree, it is done before a notary; if not, the case goes to mediation and then to court. Valuations, gifts received during the donor’s lifetime, the accounting of income and the planning-law compliance of the buildings decide time and cost. Every situation has to be assessed on the documents.

Do you have a similar issue?

Every situation has to be assessed on the documents of the specific case. You can contact the firm from anywhere, 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, by appointment.

Frequent cases

• A house jointly owned by siblings in Posillipo: how to divide it without quarreling

Official sources

• Normattiva, the portal of current Italian legislation (in Italian)
• Gazzetta Ufficiale, Civil Code (in Italian)
• Court of Cassation (in Italian)
• Ministry of Justice, civil mediation (in Italian)
• Revenue Agency, succession declaration (in Italian)

How it works

• First meeting: which assets are jointly owned, each person’s share and the position of the other heirs.
• Documents and, if needed, a valuation of the assets by a technician.
• A division proposal to the other heirs and negotiation.
• If no agreement is reached, we assess a division lawsuit together, with the steps and costs explained beforehand.

Timing depends on the issue and on the other people involved. At the first meeting we give you a cautious estimate.

How the fee is set

• The fee depends on the value of the matter, how complex it is and the work it requires.
• Before engagement you receive a written quote. Out-of-pocket expenses (for example searches, service of documents, contributions) are shown separately.
• If the route changes, for example from an agreement to a lawsuit, you receive a new quote before going further.

Offices

Naples, Piazza Giovanni Bovio 22, 80133 (main office); Naples, Via Monte di Dio 14, 80132; Rome, Via Giorgio Ribotta 21, 00144; Bari, Corso Giuseppe Mazzini 61, 70123.

WhatsAppCall +39 347 5264190Book a consultation

Informational content updated on October 4, 2026. It is not legal advice.

Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Updated on October 18, 2026.
Text prepared with the help of artificial intelligence tools, under the responsibility of Attorney Renato Giuseppe Fiorentino. General information, not legal advice.