This guide explains how intestate succession works in Italy: when it applies, who qualifies as legal heirs and forced heirs, and how estate shares are divided between spouse, children and ascendants when there is no will.
Table of Contents
When does intestate succession apply
Intestate succession applies when the deceased did not leave a will, or when the will does not dispose of the entire estate. In these cases, the law directly establishes who inherits: relatives of the deceased up to the sixth degree and, in their absence, the State.
Legal heirs and forced heirs: the difference
Legal heirs are those entitled to the estate in the absence of a will: the spouse and all relatives connected by blood to the deceased, from children to more distant cousins, up to the sixth degree.
Forced heirs, also known as heirs entitled to a reserved share, are instead a category more strongly protected by law: the spouse, children and, in their absence, ascendants. They are always entitled to a minimum share of the estate, which the deceased cannot exclude even with a will.
How shares are divided between spouse, children and ascendants
In the absence of a will, the Italian Civil Code establishes precise shares depending on who takes part in the succession (Arts. 581-586 of the Civil Code):
- Only the spouse, with no children or other relatives: inherits the entire estate.
- Spouse and one child: half each (Art. 581 of the Civil Code).
- Spouse and two or more children: one third to the spouse, the remaining two thirds divided equally among the children (Art. 581 of the Civil Code).
- Only children, with no spouse: divide the entire estate equally, including adopted children (Art. 566 of the Civil Code).
- Spouse, with no children, together with parents and/or siblings: two thirds to the spouse, one third divided between parents and siblings (Art. 582 of the Civil Code).
- Only parents, with no children or spouse: divide the entire estate equally (Art. 569 of the Civil Code).
- Only siblings, with no parents, spouse or children: divide the estate equally; half-siblings receive half the share of full siblings (Art. 570 of the Civil Code).
A deceased or renouncing descendant does not exclude their own descendants from the succession: they step into their parent’s place by representation (Art. 467 of the Civil Code), together receiving the same share that would have gone to their parent.
These shares apply only in the absence of a will. When a will exists, different statutory shares come into play instead — the forced heirship rules reserved by law for the spouse, children and ascendants (Arts. 536 et seq. of the Civil Code), which protect these heirs even against the testator’s wishes: a distinct mechanism, worth checking separately in the case of testamentary succession.
Other spousal rights and how we can help
The surviving spouse is also granted the right of habitation in the home used as the family residence and the right of use over the furniture that equips it, regardless of the inheritance share to which they are entitled.
Our firm handles reconstructions of estate assets, asset arrangements between heirs, inheritance tax returns and acceptance with the benefit of inventory. We can support you at every stage, from the initial assessment through to the closing of the file, including cases of intestate succession involving heirs or assets located in Italy.
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