Google Meet video call from a computer with automatic Italian–English translation.
For translation, join from a computer
In 30 seconds
If you own a home in Italy, your estate may be governed by the law of your habitual residence, or by the law of your nationality if you chose it in a will (EU Regulation 650/2012, arts. 21 and 22). Italian rules on reserved shares and the practical steps to transfer property in Italy still matter. Have your will reviewed by a US adviser and an Italian lawyer together.
A will signed in the United States leaves many Americans calm about their Italian house. The question is not only whether the will is valid, but which law applies and how your heirs will actually take the property in Italy. Here are the points to review.
Legal references
Which law governs your estate
The EU Regulation 650/2012 states that the law applicable to the succession as a whole is the law of the State where you had your habitual residence at the time of death (art. 21(1)). A person may choose the law of the State whose nationality he or she possesses (art. 22(1)). The Regulation applies the designated law whether or not it is the law of a Member State (art. 20).
For a US citizen the choice of “US law” raises technical questions, because the United States has many state legal systems. This is a point for a US lawyer and an Italian lawyer to examine together before you rely on a clause.
Reserved shares and Italian property
Italian law reserves part of the estate to certain close relatives. If Italian law applies, a will or gifts that reduce those shares can be challenged. Read forced heirship in Italy. If US law applies instead, the shares work differently. Know which regime governs before you plan.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Book a consultationHow your heirs take the property
- They must accept the inheritance and may need a codice fiscale.
- A tax return and the update of the land and cadastral records are needed.
- Co-heirs may disagree on whether to keep or sell: see our guide on dividing inherited property.
- Heirs abroad need a power of attorney valid in Italy: how to prepare it.
Typical case
Typical case
A problem that happens often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A widower from Ohio owns a house near Naples and leaves everything to his partner by a US will. His two children, who live in Italy, claim a share of the estate. Which law governs, and whether the partner can keep the house, becomes a dispute. A review of the will, with a clear choice of law and a plan for the house, would have reduced the risk.
A checklist
- Where is your habitual residence?
- Do you want to choose the law of your nationality?
- Who are your close relatives who may be entitled to a share?
- Who will be your representative in Italy?
- Do you want a separate will for the Italian property, in Italian? Ask both your advisers.
Frequently asked questions
Is my US will valid in Italy?
It depends on the form, the applicable law and the acts needed to transfer the property. Have it reviewed.
Can I choose US law for my estate?
The Regulation allows the choice of the law of your nationality. How it works for a US state needs professional review.
Do my children have rights in Italy?
If Italian law applies, close relatives are protected by reserved shares.
Does the firm advise on US estate or tax law?
No. We handle Italian law and work alongside your US advisers.
Related guides
Learn more: Legal guides from Studio Legale Fiorentino.
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. If you speak English, we can switch on automatic Italian–English voice translation in a Google Meet video call: please join from a computer. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
- EU Regulation 650/2012 on succession (EUR-Lex)
- Italian Civil Code, art. 536 (Normattiva)
- Italian Civil Code, art. 456 (Normattiva)
- U.S. Embassy & Consulates in Italy: American Citizen Services
- U.S. Embassy & Consulates in Italy: contact
- U.S. Department of State: Italy country information
- Italian Ministry of Foreign Affairs: consular services and visas
Information updated on October 10, 2026. This is general information, not legal advice. The firm does not advise on United States law or taxes.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.