Italian succession: Probate and Contested Probate

According to Italian intestate succession, the following rules apply in case the deceased did not make any will:

1. THE SPOUSE

The spouse will inherit:

  • Half of the asset if only one child exists;
  • 1/3 of the asset if two or more child exists;
  • 2/3 of the asset if the legitimate ascending line still exists;
  • The whole asset in case of absence of all the mentioned subjects.

The Italian separated spouse has the same rights of the Italian non-separated spouse except for the case he/she was responsible for the separation. In this last case, he/she has rights to a life income (Only if she/he has benefited from alimony when the deceased died)

The Italian divorced spouse normally has no rights over the deceased’s estate. The Italian divorced spouse may have the right to a life income only in case of a state of need.

2. THE CHILDREN

According to the Italian intestate succession rules, legitimate and biological child, claimed or adoptive child are treated in the same manner. The children of the deceased inherit the same share of the asset. Furthermore, the presence of one or more sons in the succession exclude all other relatives (parents, brothers or sisters) of the deceased.

3. THE PARENTS, GRANDPARENTS, BROTHERS AND SISTERS

The ascending line, brothers, and sisters may have the right to participate in the Italian succession only if the deceased did not have children.

4. SIXTH-DEGREE FAMILY MEMBERS

In absence of a spouse, ascending line, brothers or sisters the estate will be shared until the sixth-degree family members; according to the Italian legal principle by which “the closest excludes the furthest”.

5. THE STATE

In case of absence of all previously mentioned subjects, the estate will be assigned automatically to the Italian State that has no right to renounce the heritage.

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