Italian Inheritance Division: Methods, Disputes and Jurisdiction for Foreign Heirs

When a person dies leaving assets in Italy and there is more than one heir, those heirs initially hold the estate together as co-owners in a legal relationship known as the hereditary community (comunione ereditaria). Each heir owns a proportional share of the entire estate — not specific individual assets — until the assets are formally divided. Dissolving this co-ownership through the inheritance division () is the process by which each heir is allocated their specific portion of the estate.

For foreign heirs dealing with an Italian estate that includes multiple beneficiaries, understanding how the division works — and what happens when heirs disagree — is essential. This article explains the three available methods of inheritance division under Italian law, the legal remedies available when a division is contested, the mandatory mediation requirement that must precede any judicial proceedings, and the rules determining which Italian court has jurisdiction over inheritance disputes involving foreign nationals. For an overview of Italian succession law in general, see our article on Italian inheritance and succession law for foreign heirs. For direct legal assistance, see our page on Italian inheritance law for international clients.

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What Is the Hereditary Community and Why Division Is Needed

From the moment an inheritance is opened — which coincides with the date of death of the deceased — all heirs who accept the inheritance become co-owners of the estate in proportion to their respective shares. This hereditary community means that no single heir owns any specific asset outright: a house, a bank account or a business asset all belong to the group of heirs collectively.

Under Italian law (Article 713 of the Civil Code), any co-heir has the right to request the division of the hereditary community at any time — this right cannot be waived for an indefinite period, though co-heirs can agree to postpone division for a maximum of five years at a time. The division transforms each heir’s abstract fractional share of the entire estate into concrete ownership of specific assets.

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The Three Methods of Inheritance Division in Italy

1. Division by the Testator

Where the deceased left a will, they may have already allocated specific assets to specific heirs directly in the will — for example, “I leave the apartment in Milan to my son and the savings account to my daughter.” In this case, the hereditary community does not form at all: each heir, upon accepting the inheritance, immediately acquires the specific assets allocated to them by the testator.

However, a testator can only allocate the freely disposable portion of the estate through this mechanism — they cannot use it to defeat the forced heirship rights of protected heirs (legittimari). Where the testamentary division infringes on the legitimate share of a forced heir, that heir retains the right to bring a reduction action to recover their protected portion.

2. Contractual Division (Division by Agreement)

Where the deceased did not divide the estate in their will, or where there are assets not covered by the will, the most efficient and cost-effective method is for the heirs to reach a voluntary agreement on how to divide the estate. This is known as the contractual or amicable division (divisione contrattuale).

The contractual division is a private agreement — a division contract — that can be formalised between all co-heirs without any court involvement. For it to be valid, all co-heirs must participate: a division that excludes any co-heir is null and void.

The contractual division process typically involves three stages:

• Reconstruction and inventory of the estate: before proceeding with the division, every asset belonging to the deceased at the time of death must be identified and included in the divisible estate. This includes not only assets held in the deceased’s name at the time of death but also donations made during the deceased’s lifetime that must be brought back into the estate for collation (collazione) purposes. Debts of the deceased are also taken into account
• Valuation of assets: the assets to be divided must be valued at their market value at the time of the division — not at the time of death. This step is particularly significant where the estate includes real estate, where market values may have changed since the death
• Allocation of assets: in the final stage, each heir receives assets corresponding in value to their fractional share of the estate. Where a single asset cannot be physically divided — such as an apartment that cannot be split — the heirs can agree to allocate the asset to one heir who compensates the others with a cash payment, or to sell the asset and divide the proceeds

Where the contractual division includes real estate, it must be executed by notarial public deed — a privately signed agreement is not sufficient to transfer real estate titles.

3. Judicial Division (Division by Court Order)

Where the co-heirs cannot agree on how to divide the estate, any co-heir can apply to the competent Italian court to order a judicial division (divisione giudiziale). The court appoints a technical expert to assess the value of the estate assets and propose a division plan. The judge then drafts a division project specifying which assets are allocated to each heir.

Once the division project is filed in the court registry, the parties can review it and raise objections. If no objections are raised within the prescribed period, or if the court resolves any objections, the division project is declared enforceable and each heir is allocated their specific portion. Where assets cannot be divided equitably and no heir requests their exclusive allocation, the court can order them to be sold at public auction, with the proceeds divided among the heirs according to their shares.

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Mandatory Mediation Before Judicial Division

Before initiating any judicial division proceedings in Italy, the law requires the parties to attempt mediation before a recognised mediation body accredited by the Italian Ministry of Justice. This mandatory mediation attempt is a precondition for filing the lawsuit — a judicial division claim is inadmissible if it is filed without evidence that mediation was first attempted.

Mediation proceedings are confidential and managed by a professional mediator. If the parties reach a mediated agreement, it can be formalised and made enforceable without any court proceedings. If mediation fails — which is recorded in a formal minute — the parties are then free to proceed to the Italian courts.

The mandatory mediation requirement does not prevent any heir from requesting interim protective measures urgently — for example, a court order to prevent the dissipation or removal of estate assets pending mediation and the eventual division.

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Remedies Available to Contest a Division Agreement

A division agreement that has already been signed is not necessarily final — Italian law provides several grounds on which a co-heir can challenge or seek to correct a concluded division:

• Action for violence or fraud: where a co-heir signed the division agreement as a result of duress or fraudulent misrepresentation by another party, the agreement can be annulled within 5 years from the cessation of the duress or from the discovery of the fraud. Note that an heir who has sold their allocated share after discovering the fraud loses the right to challenge the division
• Correction for omitted assets: where one or more estate assets were accidentally omitted from the division, this alone does not justify annulment of the entire division agreement — unless the omission resulted from fraud or violence. However, the omission can be corrected through a supplementary division act covering the omitted assets
• Rescission for lesion (Article 763 Civil Code): a co-heir who received a portion worth more than one quarter less than their entitled share can bring an action for rescission of the division within 2 years of the signing. This action is available even where the division was established directly in the will. The heir against whom the action is brought can halt it by offering a supplementary payment or allocation in kind to compensate the shortfall

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International Jurisdiction for Italian Inheritance Disputes

For foreign heirs and international families with Italian assets, identifying which court has jurisdiction over inheritance disputes is a critical threshold question. Italian procedural law provides specific rules for this.

The General Rule: Forum Hereditatis

Under Article 22 of the Italian Code of Civil Procedure, the court with jurisdiction over inheritance disputes — including inheritance division — is the court of the place where the succession was opened. Under Article 456 of the Italian Civil Code, the succession opens at the time of death in the place of the deceased’s last domicile. The last domicile is the principal centre of the deceased’s personal, professional and economic life — which may differ from their last registered residence.

This forum is exclusive for Italian succession matters, but the parties can agree in writing to submit to a different Italian court.

Where the Succession Was Opened Abroad

Where the deceased was not domiciled in Italy at the time of death, Italian courts may nonetheless have jurisdiction over Italian inheritance assets under Article 22 of the Code of Civil Procedure and Article 50 of Law No. 218 of 1995 on private international law, if at least one of the following conditions is met:

• The deceased was an Italian citizen at the time of death
• The succession was opened in Italy
• The part of the hereditary assets of greatest economic significance is located in Italy
• The defendant is domiciled or resident in Italy, or has consented to Italian jurisdiction — provided the claim does not involve real estate located outside Italy
• The claim concerns assets located in Italy

Where the succession was opened abroad and Italian jurisdiction applies on one of the above grounds, the territorially competent Italian court is:

• The court of the place where the majority of the hereditary assets (by value) are located in Italy
• If there are no assets located in Italy: the court of the place of residence or domicile of the defendant, under Article 18 of the Code of Civil Procedure

EU Succession Regulation (Brussels IV)

For inheritances opened after 17 August 2015 involving a deceased who was habitually resident in an EU member state at the time of death, EU Regulation No. 650/2012 (the European Succession Regulation, or Brussels IV) may also apply to determine jurisdiction. Under this Regulation, the courts of the member state where the deceased was habitually resident at the time of death generally have jurisdiction over the entire succession — overriding the national rules summarised above for cross-border successions within the EU.

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Frequently Asked Questions

Can one heir block a division that the others want to proceed with?

Yes, in the sense that a contractual division requires the agreement of all co-heirs — one dissenting heir can refuse to sign and prevent an amicable division. However, they cannot prevent the division entirely: any co-heir has the right under Italian law to request a judicial division through the courts at any time. The dissenting heir’s refusal to agree simply means the process will proceed through the courts rather than by agreement.

Do all heirs need to be physically present in Italy to complete a division?

No. Foreign heirs can participate in Italian inheritance proceedings — both contractual and judicial — through an Italian lawyer acting under a notarial power of attorney. The power of attorney authorises the lawyer to sign division agreements, participate in mediation, and represent the heir in court without any requirement for the heir to travel to Italy.

What happens to an inherited Italian property that heirs cannot agree on?

If co-heirs cannot agree on what to do with a specific asset — particularly real estate — any co-heir can initiate judicial division proceedings. In the judicial division, the court will either allocate the property to one heir (who compensates the others) or, if no heir requests exclusive allocation, order a forced sale at public auction. The proceeds are then divided among the heirs according to their shares.

How long does a judicial inheritance division take in Italy?

Timelines for judicial division proceedings in Italy vary significantly depending on the court’s workload, the complexity of the estate and whether the parties raise objections to the court’s division project. A straightforward judicial division with cooperative parties and a limited number of assets can be completed in 12 to 24 months. Contested divisions with multiple properties, disputed valuations or competing claims can take considerably longer.

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Request an Initial Legal Assessment

If you are a foreign heir dealing with an Italian estate involving multiple beneficiaries and need guidance on how the division should proceed — or how to resolve a dispute about division — contact our Italian inheritance lawyer to request an initial legal assessment. We will review the specific circumstances of the succession and advise on the most appropriate approach under Italian law.