In Italy you do not become an heir automatically: the person called to inherit must accept, expressly or through conduct, as a rule within ten years. If the estate may carry debts there are two protections: acceptance with the benefit of inventory, which limits liability to the value inherited, or renunciation made before a notary or a court clerk. From abroad, both can be done through a power of attorney signed at an Italian consulate or before a local notary with an apostille.
From the firm’s practice
Heirs who live abroad often contact the firm after receiving a letter from an Italian bank or a tax office. The firm first checks whether anything already done, such as using an account of the deceased or living in the house, may count as acceptance, and then plans the formal steps so that the heir can sign from where they live.
In 30 seconds
Acceptance can be express or tacit: selling, using or managing estate assets as an owner can amount to acceptance. With the benefit of inventory the heir answers for debts only up to the value received. Renunciation must be formal, before a notary or court clerk, and the share then usually passes to the renouncing heir’s children. Anyone with an interest can ask the court to set a deadline for the decision.
Legal references
Do I become an heir automatically?
No. Under Italian law the inheritance is acquired by acceptance (art. 459 Civil Code). It can be accepted purely and simply or with the benefit of inventory (art. 470). The right to accept is time-barred after ten years from the opening of the succession (art. 480).
Acceptance can also be tacit: it happens when the person called to inherit does something that presupposes the will to accept and that they could only do as an heir (art. 476). Typical examples:
Acts needed to preserve the estate, such as paying funeral costs or urgent repairs, do not in themselves amount to acceptance (art. 460).
What if the estate has debts?
An heir who accepts purely and simply is liable for the deceased’s debts also with their own assets. Acceptance with the benefit of inventory keeps the two estates separate: the heir pays debts and legacies only up to the value of what they received (art. 490 Civil Code).
The benefit of inventory is compulsory for minors and some other protected persons (art. 471).
Facing a similar situation? You can send your documents to the firm for an assessment, also from abroad.
Request a consultationHow do I renounce an Italian inheritance?
Renunciation must be made by a declaration before a notary or the clerk of the court of the district where the succession opened, and is entered in the register of successions (art. 519 Civil Code). A letter or a private document is not enough.
The renouncing heir is treated as if they had never been called. Their share passes, as a rule, to their own descendants by representation (art. 467) or otherwise to the other heirs. If the estate is in debt, the children of the renouncing heir often have to renounce too, minors with the authorisation of the court.
Life insurance
Sums due under a life insurance policy belong to the named beneficiary in their own right (art. 1920 Civil Code). They are not part of the estate and can be collected even by an heir who renounces.
Can someone force me to decide?
Yes. Anyone with an interest, for example a creditor or another heir, can ask the court to set a deadline within which you must declare whether you accept or renounce. If the deadline passes without a declaration, you lose the right to accept (art. 481 Civil Code). The request must be served on you, also abroad.
How can I sign from abroad?
Italian consulates offer services for heirs who live abroad. The Italian Consulate General in London, for example, explains that Italian citizens can sign at the consulate a special power of attorney to accept or renounce an inheritance, on a draft prepared by an Italian notary. People who are not Italian citizens, or who cannot reach the consulate, can sign before a local notary and have the document certified with an apostille under the Hague Convention of 5 October 1961.
The representative then completes the formalities in Italy. Procedures and fees vary from consulate to consulate, so the local consulate’s instructions should always be checked.
What to do, step by step
Frequently asked questions
QIs a renunciation final?
ANot always. As long as the right to accept is not time-barred and no other heir has acquired the inheritance, the person who renounced can still accept it (art. 525 Civil Code).
QI live in the deceased’s house in Italy. Does that change anything?
AYes. An heir in possession of estate assets has short deadlines to make the inventory and decide; missing them makes the heir a pure and simple heir (art. 485 Civil Code).
QCan I keep the life insurance if I renounce?
AYes. Life insurance sums belong to the beneficiary in their own right and are not part of the estate (art. 1920 Civil Code).
QDo I have to travel to Italy?
AUsually not. The formal declarations can be signed through a power of attorney given at an Italian consulate or before a local notary with an apostille.
Related guides
In short
An Italian inheritance must be accepted, within ten years, and some conduct counts as acceptance. If there may be debts, accept with the benefit of inventory or renounce formally before a notary or court clerk. From abroad, the steps can be signed through a consulate or a local notary with apostille.
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You do not need to travel to Italy: consultations also take place remotely, with documents sent online, by phone, WhatsApp or video call. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace a certified translation. In-person meetings by appointment in Naples, Rome and Bari.
Official sources
- Italian Civil Code, art. 459 (Normattiva)
- Italian Civil Code, art. 476 (Normattiva)
- Italian Civil Code, art. 480 (Normattiva)
- Italian Civil Code, art. 481 (Normattiva)
- Italian Civil Code, art. 484 (Normattiva)
- Italian Civil Code, art. 485 (Normattiva)
- Italian Civil Code, art. 519 (Normattiva)
- Italian Civil Code, art. 1920 (Normattiva)
- Consulate General of Italy in London – power of attorney to accept or renounce an inheritance
Information updated on October 5, 2026. This is general information, not legal advice.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 5, 2026.