Accessing Italian Bank Accounts After Death: A Guide for Foreign Heirs

One of the most common practical problems that foreign heirs encounter is gaining access to the deceased’s bank accounts and deposits held with Italian banks. The account is automatically frozen by the bank as soon as it learns of the account holder’s death: from that point on, no transaction can be carried out without following the Italian succession procedure prescribed by law.

This guide explains the procedure step by step: from the succession declaration to the documents to present to the bank, the deadlines to observe, and the most frequent special situations. For a general overview of the Italian succession system: How to Accept or Renounce an Inheritance in Italy from Abroad and Italian Inheritance Succession.

Why the Bank Account Is Frozen

An Italian bank, upon learning of the account holder’s death, is required by law to freeze all transactions on the account (Art. 48, Legislative Decree no. 346/1990). This freeze applies to all banking relationships in the deceased’s name: current accounts, deposit accounts, securities in custody, and safe deposit boxes. The exception is financial instruments with a designated beneficiary (such as certain life insurance policies), which pass directly to the designated beneficiary without going through the succession process.

Importantly, the freeze remains in place until the succession declaration is filed. Once the declaration has been submitted, the bank is authorised to proceed with releasing the funds. The amount that can be claimed is the balance updated to the date of settlement — not the balance frozen at the date of death.

An Individual Co-Heir’s Right to Claim Their Share: A Critical Point

A point of fundamental practical importance — often overlooked even by bank staff — concerns the ability of an individual co-heir to request the release of their own share independently, without requiring the unanimous consent of the other co-heirs.

The established case law of the Court of Cassation holds that the deceased’s credits — including sums deposited in bank accounts — unlike debts, enter the inheritance estate held in common, and each co-heir may act individually to collect their proportionate share. An individual co-heir can demand from the bank payment of their own share without the need for a joint receipt signed by all heirs. The bank cannot validly oppose an individual co-heir’s request for pro-quota release on the grounds that the other co-heirs have not consented.

Individual co-heir’s right to claim — Cass. civ., Full Court (Sezioni Unite), no. 24657/2007: the deceased’s credits enter the estate held in common and each co-heir may act individually to collect their own share, without the other co-heirs’ consent; the other co-heirs are not necessary parties to the proceedings. Trib. Siena no. 143/2025: the bank cannot validly oppose a co-heir’s request for pro-quota release on the grounds that the other co-heirs have not consented. In the same vein: Trib. Napoli no. 1938/2024; Trib. Spoleto no. 543/2024; C. App. Cagliari no. 460/2025.

This principle has an important qualification: some banks include in their current account contracts clauses requiring the unanimous consent of all heirs, or requiring the bank to demand the concurrence of all heirs where one formally objects. Where such clauses exist, they prevail over the general principle. Before taking action, it is therefore always advisable to check the text of the account contract signed by the deceased.

Contractual qualification — Trib. Roma no. 6659/2024 and Trib. Vicenza no. 1815/2024: contractual clauses requiring unanimous consent of the heirs, or the concurrence of all heirs where one formally objects, are valid and prevail over the general principle of individual standing.

Joint Accounts: A Rebuttable Presumption

Where the deceased was a joint account holder, the deceased’s share enters the inheritance estate and requires the succession procedure. The surviving co-holder’s share, by contrast, remains available — and a surviving co-holder with individual signing authority may even continue to operate on the account without waiting for the succession declaration, since they act iure proprio (under the contract) and not iure successionis.

The deceased’s share is presumed equal to half the balance unless otherwise indicated. This is a rebuttable legal presumption (Art. 1298, para. 2, c.c.), which can be displaced by evidence to the contrary. If the positive balance is attributable to deposits made exclusively by the deceased, the entire balance may form part of the inheritance estate, even though the account was jointly held. Conversely, if the funds derive exclusively from the surviving co-holder, they may demonstrate exclusive ownership in the internal relationship. The presumption of joint ownership ceases at the date of death: sums credited to the joint account after that date belong exclusively to whoever deposited them.

Rebuttable presumption — Cass. civ., Sec. II, no. 23403/2022: joint ownership of a current account is a iuris tantum presumption rebuttable by contrary evidence, including serious, precise and concordant circumstantial evidence. C. App. Napoli no. 756/2026: where the balance derives from deposits made exclusively by the deceased, the entire balance forms part of the estate. In the same vein: C. App. Ancona no. 1044/2025; Trib. Avellino no. 421/2026. Trib. Palermo no. 4289/2025: sums credited after the date of death belong exclusively to whoever deposited them.

The Procedure Step by Step

Step 1: Notifying the Bank of the Death

The first step is to notify the bank of the death as soon as possible, presenting the death certificate (certificato di morte). The bank will freeze the accounts and provide the list of documents required for the succession procedure. At this stage it is also important to request a statement of account as at the date of death and a list of all the deceased’s banking relationships (accounts, deposits, securities, safe deposit boxes). This information is needed for the succession declaration.

Step 2: The Succession Declaration (Dichiarazione di Successione)

The succession declaration is the mandatory tax filing that must be submitted to the Italian Revenue Agency (Agenzia delle Entrate) within 12 months of the opening of the succession (Art. 31, Legislative Decree no. 346/1990). It lists all the deceased’s assets and banking relationships and determines any inheritance tax due. Filing is mandatory even where no inheritance tax is payable.

The bank’s prohibition on releasing funds (Art. 48, Legislative Decree no. 346/1990) ceases once the succession declaration has been filed. From that point, the co-heir is already entitled to request the release of their share, regardless of any subsequent events affecting other co-heirs.

For further detail: Declaration of Succession in Italy Without a Tax Code.

Step 3: Payment of Inheritance Tax

The Revenue Agency calculates inheritance tax on the basis of the declared values. Rates vary according to the relationship with the deceased:

• Spouse and children: 4% on the amount exceeding a €1,000,000 allowance per beneficiary.
• Siblings: 6% on the amount exceeding a €100,000 allowance.
• Other relatives up to the fourth degree: 6% with no allowance.
• All other persons: 8% with no allowance.

For a full treatment: Inheritance Tax in Italy.

Step 4: Presenting Documents to the Bank

Once the succession declaration has been filed, the heirs may present themselves to the bank with the documentation required for the release of funds:

• Copy of the succession declaration with the Revenue Agency’s receipt stamp (or electronic acknowledgement).
• Death certificate of the account holder.
• Identity documents of the heirs requesting the release.
• Family status certificate (certificato di stato di famiglia) or equivalent documentation establishing the relationship with the deceased.
• Will (if one exists), in certified copy. A handwritten will must have previously been published by an Italian notary.
• Special power of attorney (where a co-heir cannot attend in person and delegates another party to act on their behalf).

Banks may request additional documentation, particularly for large amounts or complex successions. Remember to check the deceased’s account contract to see whether it contains clauses requiring unanimous consent from all heirs.

Realistic Timelines

The complete procedure typically takes between three and twelve months from the date of death, depending on the complexity of the succession. The factors that affect timelines include:

• Presence of real property in the estate (valuation and cadastral documentation).
• Multiple heirs residing in different countries (collecting signatures and documents).
• Presence of a handwritten will (requires notarial publication).
• Disputes among heirs over the will’s validity or the composition of the estate.
• International succession involving assets or heirs in multiple countries (EU Regulation no. 650/2012).

For foreign heirs who cannot travel to Italy in person, the entire procedure can be managed by an Italian lawyer acting under a notarised and apostilled special power of attorney.

Payment of Funeral Expenses

With the account frozen, funeral expenses are typically advanced by one heir or family member. Funeral expenses constitute estate charges (pesi ereditari) borne by all heirs in proportion to their shares (Art. 752 c.c.) — a characterisation consistently upheld by the courts. Whoever advances the expenses has a right to reimbursement from the estate once the accounts are unfrozen, even without prior agreement with the other heirs, provided the expenses are not excessive; the burden of proving excessiveness rests on whoever raises the objection.

Some banks allow direct payment of documented funeral expenses even before the succession procedure is complete, on the heirs’ application and presentation of the funeral home’s invoice. It is worth checking with the specific bank whether this option is available.

Funeral expenses as estate charges — Cass. civ. nos. 28/2002, 1994/2016 and 17938/2020: funeral expenses are estate charges borne by the heirs under Art. 752 c.c. in proportion to their shares. Trib. Foggia no. 392/2026: the right to reimbursement belongs to whoever advanced the expenses, even without prior agreement; the burden of proving the expenses were excessive rests on whoever raises the objection.

Special Situations

Safe Deposit Boxes

Safe deposit boxes in the deceased’s name are subject to the same freeze as bank accounts. Access to the contents requires completion of the succession procedure. Before formal opening, some banks carry out an inventory of the contents in the presence of a bank officer and the heirs, for the purposes of the succession declaration.

Securities and Investments

Securities (shares, bonds, funds) held by the deceased with an Italian bank or intermediary are subject to the same succession procedure. Transfer to the heirs takes place after the succession declaration is filed. The value to be declared is the market value at the date of death.

Postal Savings Books (Libretti di Risparmio Postale)

Postal savings books are subject to specific rules. For accounts opened before 30 June 2002, regulations required the joint receipt of all entitled parties for the release of funds. For accounts opened after that date (Ministerial Decree of 6 June 2002), this restriction no longer applies and the procedure is equivalent to that for ordinary bank accounts.

Postal savings books — Trib. Velletri no. 1652/2026: for accounts opened after 30 June 2002, the Ministerial Decree of 6 June 2002 has superseded the joint receipt requirement of Art. 187, D.P.R. no. 256/1989. Trib. Ferrara no. 440/2026: confirmed that no joint receipt is required for more recent accounts.

Life Insurance Policies with a Designated Beneficiary

Life insurance policies with a designated beneficiary do not form part of the inheritance estate and pass directly to the designated beneficiary without any need for a succession declaration. The beneficiary need only present the death certificate and their own identity documents to the insurer. Funds can be paid out quickly, independently of the succession timeline.

Post-Death Withdrawals and the Petitio Hereditatis

Where a co-heir or a third party has made withdrawals from the account after the death without legal authority, the other heirs may bring a petitio hereditatis action (Art. 533 c.c.) to obtain the full restitution of the sums to the estate. Post-death withdrawals made without the consent of all the heirs or without legal authority have no legal justification and give rise to an obligation to repay.

Post-death withdrawals — C. App. Napoli no. 756/2026 and Trib. Novara no. 42/2026: post-death withdrawals made without authority have no legal justification; the other heirs may bring a petitio hereditatis under Art. 533 c.c. for full restitution to the estate.

The Italian Tax Code: A Preliminary Requirement

To file the succession declaration and interact with the bank and the Revenue Agency, all heirs must hold an Italian tax code (codice fiscale). For foreign heirs not resident in Italy, this can be obtained at the Italian consulate or embassy in their country of residence, at any office of the Italian Revenue Agency in Italy, or through a representative in Italy acting under a suitable authorisation. Obtaining one is free and requires only a valid identity document.

Frequently Asked Questions

How long do I have to file the succession declaration?

12 months from the date of death (Art. 31, Legislative Decree no. 346/1990). Failure to meet this deadline results in administrative penalties (120% to 240% of the tax due, reduced where the declaration is filed within 30 days of the deadline). Filing is mandatory even where no inheritance tax is payable.

Can I access the deceased’s bank account before completing the succession declaration?

Generally no: Art. 48 of Legislative Decree no. 346/1990 prohibits the bank from releasing funds before the succession declaration is filed. Exception: a surviving joint account holder with individual signing authority may continue to operate on the account in their own right (iure proprio) without being subject to the Art. 48 prohibition. Some banks also allow early payment of documented funeral expenses.

Can the other heirs block my access to my share of the account?

In principle no, under the prevailing case law (Cass., Full Court, no. 24657/2007): an individual co-heir may request the release of their share without the others’ consent. However, if the deceased’s account contract contains clauses requiring unanimous consent, or the concurrence of all heirs where one formally objects, those clauses prevail. It is therefore important to check the contract.

What if a co-heir has already withdrawn funds from the account after the death?

Post-death withdrawals made without authority have no legal justification. The other heirs may bring a petitio hereditatis action under Art. 533 c.c. to obtain restitution of the sums to the estate. This action may be brought years after the withdrawal, within the applicable limitation period.

Can I manage the entire procedure from abroad without coming to Italy?

Yes. By granting a notarised and apostilled special power of attorney to an Italian lawyer, the entire process — succession declaration, dealings with the bank, payment of taxes — can be managed without the heirs having to travel to Italy in person. The heirs’ personal documentation can be transmitted in authenticated copy.

Conclusion

Accessing a deceased person’s Italian bank accounts takes time and documentation, but the procedure is well-defined and manageable from abroad with the right assistance. The key points to bear in mind are: the succession declaration must be filed within 12 months; the bank freeze lifts upon filing of the declaration; an individual co-heir can independently request the release of their share (subject to any contrary contractual clauses); and post-death withdrawals made without authority are recoverable through the petitio hereditatis.

The most common mistake is inaction. Every month that passes complicates the procedure and brings the tax deadlines closer. As soon as news of the death is received, it is advisable to begin gathering documentation immediately and to consult an Italian lawyer to plan the procedure.

For assistance in managing a succession with banking assets in Italy, Studio Legale Giorgianni is available. Further information is available in the Italian Inheritance Lawyer section and on our Italian Lawyer hub page.