Managing an Estate Without a Will

Coping with the loss of a loved one is an emotionally complex time, often compounded by the need to manage immediate bureaucratic and financial matters. When the deceased has not left any last wishes, what our legal system defines as intestate succession (or legal succession) opens. In this scenario, the law itself establishes who the heirs are and in what proportions they are entitled to inherit the estate. Understanding these mechanisms is crucial to avoid family conflicts and ensure everyone's rights are respected. As an expert lawyer in inheritance law in Milan, Avv. Marco Bianucci assists families daily in this delicate generational transition, offering legal clarity and practical support.

The Legal Framework: Heirs and Shares in Intestate Succession

Intestate succession is governed by Articles 565 et seq. of the Italian Civil Code. In the absence of a will, the estate devolves to the spouse, descendants, ascendants, collateral relatives, other relatives, and, ultimately, the State. The law prioritizes the closest relatives, excluding more distant ones. A crucial aspect concerns the concurrence of heirs: for example, the presence of children excludes all other relatives, except the spouse. Inheritance shares vary significantly based on the composition of the surviving family unit. If the deceased leaves only a spouse and one child, the estate is divided equally; if there are more than one child, the spouse receives one-third, and the remaining two-thirds are divided equally among the children. The complexity increases when the spouse, ascendants (deceased's parents), and siblings are involved, making precise calculations indispensable to avoid infringement of forced heirship rights.

The Bianucci Law Firm's Approach

The Bianucci Law Firm, located at Via Alberto da Giussano 26 in Milan, handles inheritance cases with a method that combines legal rigor and human sensitivity. The approach of Avv. Marco Bianucci, an expert lawyer in inheritance law, always begins with an in-depth analysis of the estate and the family situation. The primary objective is not only the correct application of the shares provided by law but also the prevention of disputes among co-heirs, which often arise during moments of emotional vulnerability. The firm undertakes to reconstruct the entire estate, including any gifts made by the deceased during their lifetime that may need to be accounted for (collation) to determine the actual shares due. Through personalized advice, heirs are guided towards an amicable and, where possible, out-of-court division, reducing the emotional time and costs of the procedure.

Frequently Asked Questions

Who inherits if there is no will?

In the absence of a will, the law identifies legal heirs among the closest family members. The first to be called to the inheritance are the spouse and children. If these are absent, the inheritance may go to parents, brothers and sisters, or relatives up to the sixth degree. It is important to note that a cohabiting partner (*more uxorio*), in the absence of a will, is not among the legal heirs and does not have automatic succession rights to the estate, except for specific temporary rights of habitation.

How are the shares calculated if there is a spouse and children?

The calculation of shares depends on the number of children. If there is a spouse and only one child, the inheritance is divided 50% each. If there is a spouse and two or more children, the spouse is entitled to 1/3 of the inheritance, while the remaining 2/3 are divided equally among the children. The spouse also retains the right of habitation in the home used as the family residence and the right of use of the furniture therein, if owned by the deceased or jointly owned.

How long do I have to accept the inheritance?

The right to accept the inheritance prescribes within ten years from the opening of the succession, which coincides with the date of death. However, it is necessary to file the inheritance tax return with the Italian Revenue Agency within 12 months of the death to avoid tax penalties. An expert inheritance lawyer can advise whether to accept the inheritance purely and simply, or with the benefit of inventory, a procedure useful for protecting one's personal assets from any debts of the deceased.

What happens if the deceased had debts?

Heirs who accept the inheritance succeed not only to the credits and assets but also to the debts of the deceased, being liable with their personal assets. To avoid this risk, it is possible to accept the inheritance with the benefit of inventory. This method allows the deceased's estate to be kept separate from the heir's estate, ensuring that hereditary debts are paid only up to the limit of the value of the assets received as inheritance.

Request a Consultation on Inheritance Matters

Managing an intestate succession requires technical expertise and attention to detail to ensure that each heir receives what is legally due to them. If you require assistance with opening an estate, calculating shares, or managing an inheritance division in Milan, Avv. Marco Bianucci is available to examine your specific case. Contact the Bianucci Law Firm to schedule an appointment at the office located at Via Alberto da Giussano, 26, and receive a professional and transparent assessment of your situation.