International Succession Involving Italy: Applicable Law, Jurisdiction and Practical Tools

When a person dies with assets, heirs or connections spread across more than one country, the succession has an international dimension — and determining which country’s law governs the inheritance, and which courts have jurisdiction to decide any disputes, becomes as important as understanding the substantive rules of succession themselves.

Italy sees thousands of international succession cases every year — reflecting the reality of Italian emigrants abroad, foreign nationals who have purchased property in Italy, and internationally mobile families with ties to multiple countries. This article explains the legal framework governing international successions involving Italy, with a focus on the EU Succession Regulation that applies to most cases, the rules applicable when non-EU countries are involved, and the practical tools available to manage cross-border estate matters efficiently. For a general overview of Italian succession law, 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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When Does a Succession Have an International Dimension?

A succession acquires an international character — triggering the conflict of laws questions described in this article — whenever one or more of the following elements of internationality are present:

• The deceased held foreign citizenship while residing in Italy
• The deceased held Italian citizenship but was resident abroad at the time of death
• The deceased’s assets are located in more than one country
• The heirs are resident in a different country from where the succession was opened
• The will was drafted in a country other than Italy

In these situations, two fundamental questions must be answered before the succession can be administered: which country’s law governs the substance of the succession, and which country’s courts have jurisdiction to decide any disputes. The answers are not always the same country.

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The EU Framework: Regulation No. 650/2012 (Brussels IV)

For successions opened on or after 17 August 2015 involving the territory of EU member states, the primary legal instrument is EU Regulation No. 650/2012 — commonly referred to as the European Succession Regulation or Brussels IV. This Regulation applies in all EU member states except Denmark and Ireland, which did not opt in.

The Regulation introduced a unified set of rules for determining both the applicable law and the jurisdiction for cross-border successions within the EU, replacing the patchwork of conflicting national private international law rules that had previously applied.

The General Rule: Habitual Residence of the Deceased

Under Article 4 of the Regulation, the courts of the EU member state where the deceased had their habitual residence at the time of death have jurisdiction over the entire succession. Under Article 21, the law of that same member state governs the substance of the succession.

Habitual residence is not the same as registered residence or domicile — it is the place where the deceased had the centre of their life: the place where they spent the majority of their time, maintained their principal relationships, kept their main assets and had their stable living arrangements. Determining habitual residence requires a case-by-case factual assessment, taking into account the duration, regularity and reasons for the person’s presence in a given country.

A person can technically be registered as resident in one country while their habitual residence — in the Regulation’s sense — is in another. For example, an Italian national who has lived and worked in the United States for twenty years but remains registered with AIRE in Italy would likely be considered habitually resident in the United States for succession purposes, not in Italy.

The Escape Clause: Closer Connection with Another Country

Article 21, paragraph 2 of the Regulation provides an exception where the deceased’s last habitual residence was in an EU member state but the deceased had a manifestly closer connection with another country. In that case, the law of that other country applies instead.

This escape clause is intended to address situations where the habitual residence criterion would produce an inappropriate result — for example, where a person established residence in a new country very shortly before death without having genuinely integrated there. A person who moved to Italy at the age of eighty after a lifetime in Australia, and who dies within months of arriving, might have their succession governed by Australian law rather than Italian law, despite their formal last residence being in Italy.

Professio Iuris: Choosing the Applicable Law

Article 22 of the Regulation gives individuals the ability to designate in advance which country’s law will govern their succession — a concept known in private international law as professio iuris. The choice is not entirely free: the only permitted option is the law of the country of which the person is a citizen, either at the time of making the choice or at the time of death.

The practical value of this option is significant:

• An Italian citizen living abroad who prefers Italian succession law to govern their estate can make a professio iuris in favour of Italian law in their will
• Conversely, an Italian citizen who has acquired foreign citizenship can choose the law of that foreign country
• A person who is about to acquire new citizenship and prefers the law of that country to govern their succession can make the choice in advance

The choice must be made expressly in a will or in a declaration of the same form as a will. An implicit choice — one deducible from the circumstances or from the terms of a will — is also acceptable, but must be unequivocal. The choice can be revoked or modified in the same way as a will.

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International Wills and Foreign Wills in Italy

Validity of Foreign Wills in Italy

A will drafted outside Italy by a foreign national is generally valid and recognised in Italy if it meets the formal requirements of the country where it was made. Under EU Regulation 650/2012, the formal validity of a will may be assessed under the law of several alternative connecting factors — including the law of the place where the will was made, the law of the testator’s nationality, or the law of the testator’s habitual residence — giving testators considerable flexibility.

The International Will (Washington Convention 1973)

The Washington Convention of 26 October 1973 — to which Italy adhered with Law No. 387 of 1990 — introduced a specific type of will designed to be recognised internationally regardless of where the testator’s assets are located or where they reside. To be valid as an international will, the document must meet the following formal requirements:

• It must be in written form
• It must be drafted in the presence of two witnesses and an authorised person (typically a notary)
• The testator must declare before the authorised person and the witnesses that the document is their will and that they are aware of its contents
• The testator must sign the will in the presence of the authorised person and the witnesses, or confirm an existing signature

The international will is a fourth option under Italian law alongside the holographic, public and secret will forms. Its principal advantage is international portability — it is recognised in all countries party to the Washington Convention without the need for separate legalisation or adaptation to local formalities.

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When Non-EU Countries Are Involved

EU Regulation 650/2012 applies between EU member states. Where the succession involves assets, heirs or jurisdictions outside the EU — for example, an Italian national with property in both Italy and the United States, or an American citizen who owns an apartment in Italy — the Regulation does not resolve the conflict of laws question entirely.

In these cases, Italian private international law — specifically Law No. 218 of 1995 on private international and procedural law — fills the gaps. Under Article 46 of Law No. 218 of 1995, the law governing a succession is determined by the nationality of the deceased at the time of death. This is a different connecting factor from the EU Regulation’s habitual residence criterion, which creates the possibility of competing legal systems claiming to govern the same succession.

For example: an American citizen habitually resident in Italy who owns property in both Italy and the United States. Under the EU Regulation, Italian courts have jurisdiction and Italian law governs the EU aspects. Under US law, however, the applicable law may be determined differently — particularly for the real estate located in the United States, where the law of the situs (the location of the property) often governs. In practice, both Italian and American proceedings may run concurrently.

Managing these competing legal frameworks requires coordinated legal advice in both jurisdictions. The risk is that inconsistent decisions in different countries could result in double taxation, conflicting asset allocations or practical difficulties in accessing assets.

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The European Certificate of Succession

For EU cross-border successions, EU Regulation 650/2012 introduced a practical tool for heirs and other beneficiaries: the European Certificate of Succession (Certificato Successorio Europeo). This is a standardised document issued by the competent authority in the member state handling the succession — in Italy, a notary — that certifies the holder’s status and rights as an heir, legatee, executor or administrator.

The European Certificate of Succession is valid throughout the EU and allows its holder to exercise their rights under the succession — for example, to collect assets held in bank accounts, register transfers of property, or act as executor — in any EU member state without the need for separate recognition proceedings or additional formalities in each country.

Key features established by the Court of Justice of the EU in a 2021 ruling:

• An authenticated copy of the certificate is valid for six months from the date of issue and takes effect when presented to the competent authority
• The certificate takes effect against any person named in it, including persons who did not themselves request its issuance

The cost in Italy is subject to a fixed registration fee. The certificate is requested by submitting a standard form to the issuing notary containing the relevant details of the deceased, the applicant, and the nature of the succession.

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Frequently Asked Questions

I am an Italian citizen living in the USA. Which law will govern my estate when I die?

This depends primarily on where you have your habitual residence at the time of death and whether you have made a professio iuris choice. If you are habitually resident in the USA, US law will generally govern your succession for US-based assets, while any Italian assets may also be subject to Italian law claims. To achieve clarity and predictability, making a professio iuris — choosing Italian or American law expressly in your will — is strongly advisable. A lawyer with experience in both Italian and US succession law can advise on the optimal approach.

I am a non-EU citizen and I own property in Italy. Will Italian law apply to that property when I die?

For real estate located in Italy, Italian law will apply at minimum to the formalities of transferring the property — registration, cadastral transfer and related steps are always governed by Italian law as the law of the location of the asset. Whether Italian substantive succession law (including Italian forced heirship rules) also applies depends on the applicable private international law rules and any applicable bilateral treaties between Italy and your country of nationality or residence. A preliminary legal assessment is essential to understand the exposure to Italian forced heirship claims, which may limit your ability to freely dispose of Italian real estate in your will.

Does the European Certificate of Succession work for assets in non-EU countries?

No. The European Certificate of Succession is recognised exclusively within EU member states. For assets located outside the EU — for example, in the United States, Canada or Australia — separate recognition proceedings or local probate procedures will be required in each relevant country to establish the heir’s rights over those assets.

Can I make an international will in Italy that will be recognised in my country of residence?

Yes, if your country of residence is a party to the Washington Convention of 1973. Italy and many other countries — including the United States, several EU member states and a number of other countries — are signatories. An international will executed in Italy before an Italian notary will be formally valid in all signatory countries without the need for further legalisation. The substantive effect of the will in each country still depends on the applicable succession law, but the formal recognition hurdle is removed.

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Request an Initial Legal Assessment

If you are dealing with an international succession involving Italian assets or Italian heirs, or if you wish to plan your estate to ensure your wishes are respected across borders, contact our Italian inheritance lawyer to request an initial legal assessment. We will review your specific circumstances and advise on the applicable legal framework and the most effective approach under Italian law.