The loss of a loved one represents one of the most painful and delicate moments of existence. In addition to the emotional burden, family members often find themselves having to manage a complex series of bureaucratic and legal requirements in a short period of time. Understanding exactly what to do when a relative dies is crucial to avoid errors that could complicate the future management of the inherited estate or lead to administrative sanctions. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci offers legal support to confidently navigate immediate obligations and more complex succession procedures, ensuring that every step is handled with due attention and expertise.

Initial Post-Mortem Bureaucratic Requirements

Immediately following the bereavement, Italian law provides for a series of mandatory steps. The first formal act is the death notification, which must be made within 24 hours of death at the Civil Status Office of the municipality where the event occurred. Subsequently, it is necessary to obtain the death certificate and the summary extract of the death certificate, essential documents for all subsequent procedures, from utility closures to dealings with credit institutions.

Management of Banking and Social Security Relations

One of the aspects that causes the most apprehension concerns the deceased's bank accounts and financial relationships. It is important to know that, upon notification of death, the bank will provisionally block current accounts held by the deceased or jointly held. This means that withdrawals will not be possible until the succession documentation is presented. In parallel, it is necessary to notify social security institutions (INPS) of the death to stop the pension and for any potential survivor's pension application in favor of the spouse or entitled parties.

Declaration of Succession and Inheritance

Once the emergency phase is over, the most legally significant chapter opens: the transfer of assets. Italian law requires the submission of the declaration of succession within 12 months from the date of opening the succession, which coincides with the moment of death. This tax compliance is essential for the transfer of ownership of real estate and for the release of financial assets.

Search for the Will and Acceptance of Inheritance

Before proceeding with the division of assets, it is crucial to verify the existence of a will. This may have been deposited with a notary or kept privately (holographic will). The presence of a will can substantially alter inheritance shares, while still respecting the statutory inheritance shares reserved for close relatives. Heirs are then called upon to decide whether to accept the inheritance (purely and simply or with the benefit of inventory) or to renounce it. This choice is decisive, especially if the deceased left pending debts.

The Approach of Studio Legale Bianucci in Successions

Studio Legale Bianucci, located in Milan at Via Alberto da Giussano 26, addresses succession issues with a method that combines technical rigor and human sensitivity. Avv. Marco Bianucci, an expert lawyer in succession law, does not limit himself to merely filling out tax forms but analyzes the overall asset and family situation. The goal is to prevent potential disputes among heirs, which often arise precisely due to misunderstandings or careless management of the initial post-bereavement phases.

The firm's strategy involves a preliminary analysis to assess the advisability of accepting the inheritance, especially in the presence of liabilities, advising if necessary on acceptance with the benefit of inventory to protect the heir's personal assets. Furthermore, Avv. Marco Bianucci assists clients in unblocking bank accounts, transferring property and cadastral records, and correctly interpreting any testamentary provisions, ensuring that the deceased's will and the heirs' rights are fully respected.

Frequently Asked Questions

What is the deadline for submitting the declaration of succession?

The declaration of succession must be submitted to the Revenue Agency within 12 months from the date of death. Failure to meet this deadline will result in the application of administrative sanctions and interest.

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 pro rata. If it is feared that the debts exceed the value of the assets, it is advisable to consider acceptance with the benefit of inventory or renunciation of the inheritance.

How is the deceased's bank account unblocked?

To unblock the funds deposited in the deceased's bank account, it is necessary to present the registered declaration of succession (or a substitute declaration of notoriety if there are no real estate and the assets are negligible) and the death certificate to the bank, proving your status as heir.

Is the intervention of a notary always necessary?

The intervention of a notary is mandatory for the publication of a will or if the inheritance includes real estate for which a public deed of transfer is required. For the simple submission of the tax declaration of succession, it is possible to consult an authorized professional such as an expert lawyer in the field.

Request a Legal Consultation in Milan

Dealing with bureaucracy and legal matters during a time of mourning can be overwhelming. To ensure you correctly manage every step, from the declaration of succession to the division of the estate, rely on the expertise of Avv. Marco Bianucci. Contact Studio Legale Bianucci to schedule an initial consultation at the Milan office and receive clear, expert legal assistance that respects your needs.