Facing the loss of a loved one is a humanly difficult time, often made even more complex by the bureaucratic and legal obligations that follow. When the deceased has not left any last wishes, one is faced with the so-called intestate succession. Understanding who inherits and in what shares can generate doubts and uncertainties among family members. In this context, the support of an expert lawyer in succession law in Milan becomes fundamental to ensure the correct transfer of assets and preserve family harmony.

Intestate Succession: How It Works in Italy

In our legal system, the legislator's will substitutes for the lack of a will. Thus, intestate succession opens, governed by Article 565 et seq. of the Civil Code. The law identifies specific individuals, defined as legal heirs, to whom the inheritance is devolved. These are the spouse, descendants, ascendants (parents), collateral relatives (brothers and sisters), other relatives up to the sixth degree, and, in the absence of other successors, the State.

The guiding principle is that of gradation: the closest relatives to the deceased exclude the more distant ones. For example, the presence of children excludes the succession of the deceased's parents or siblings, while the spouse usually shares with the children or, in their absence, with ascendants and siblings. It is essential to understand that inheritance shares vary significantly based on the composition of the surviving family unit. Complexity increases when the inherited estate includes real estate, company shares, or financial investments that require accurate valuation to avoid future disputes.

The Bianucci Law Firm's Approach to Successions

Avv. Marco Bianucci, as an expert lawyer in successions in Milan, approaches every case of inheritance without a will with a rigorous and analytical method. The firm's priority is to accurately reconstruct the estate and the family tree, verifying the existence of any donations made by the deceased during their lifetime that might have infringed upon legal inheritance shares, even in the absence of a will.

Avv. Marco Bianucci's approach is distinguished by the search for out-of-court solutions that promote a rapid and shared division of the inheritance. Often, emotional dynamics can hinder the rational division of assets. The lawyer's role is to act as a technical mediator, clearly explaining to those called to inherit their rights and duties according to current legislation. The Bianucci Law Firm assists its clients in every phase: from filing the succession declaration with the Revenue Agency, to releasing bank accounts, up to the eventual notarial division deed or the management of litigation should an amicable agreement not be reached.

Frequently Asked Questions

Who inherits if the deceased was married and had children?

In the absence of a will, if the deceased leaves a spouse and one child, the inheritance is divided equally between them. If there are more than one child, the spouse is entitled to one-third of the inheritance, while the remaining two-thirds are divided equally among the children. In this scenario, the deceased's parents and siblings are excluded from the succession.

Does a cohabitant have inheritance rights without a will?

Currently, Italian law does not provide for automatic succession rights for a de facto cohabitant in intestate succession. In the absence of a will naming them as heir (always respecting the legal inheritance share reserved for close relatives), the de facto cohabitant inherits nothing, regardless of the duration of the cohabitation. This is one of the most delicate situations that requires prior consultation.

What happens to the deceased's debts?

Heirs who accept the inheritance succeed not only to the credits and assets but also to the deceased's debts, being liable with their personal assets. To avoid this risk, an expert lawyer in succession law will often advise evaluating the acceptance of the inheritance with the benefit of inventory, a procedure that allows the deceased's estate to be kept separate from the heir's estate and for inheritance debts to be paid only up to the value of the assets received.

Within what timeframe must the succession declaration be submitted?

The succession declaration must be submitted to the Revenue Agency within 12 months from the date of opening the succession, which generally coincides with the date of death. Failure to meet this deadline will result in administrative sanctions. The Bianucci Law Firm supports clients in gathering the necessary documentation and in meeting all tax deadlines.

Request an Assessment of Your Case

Inheritance matters require technical expertise and sensitivity. If you find yourself having to manage an intestate succession in Milan and desire clarity on your rights or the division of the estate, it is essential to rely on a competent professional. Avv. Marco Bianucci is available to analyze your specific situation and guide you towards the most peaceful and advantageous solution.