The very first step to be undertaken following a death consists of gathering all documents required to carry out the succession procedure and complete the “Dichiarazione di Successione” (please visit the relevant section for more information about the “Statement of Succession”). Generally speaking, the following documents are required to complete the succession procedure:
- Death certificate: the document issued by the competent authority, specifically the Registry of Vital Records at the municipality of residence. The death certificate declares the date, place and cause of a person’s death entered in an official register of deaths. In order to obtain a death certificate, the competent authority requires copies of the deceased’s personal ID, and tax code. Personal ID and tax code of the applicant will also be required.
- Affidavit concerning the family situation of the deceased: This is a public deed with which an affiant or deponent makes a statement in the presence of witnesses concerning the deceased’s family tree, identifying in this way the family members who could be interested in the succession procedure.
- Title deeds of purchase of buildings and lands and any other documents concerning modifications or works to such properties (enlargements and extensions, certificates of indemnity, plans, parceling)
- Family certificate of the deceased: a document issued by the Registry of Civil Records and/or Registry Office of the municipality of residence of the deceased. From such a certificate the identity and qualification of legitimate heir/s can be proven. This certificate, contains information pertaining to the entire family, providing names, relationships, dates and places of birth for each family member, often including family members who have moved away or died.
There are two kinds of succession procedures which can be undertaken:
- legitimate succession (called also “intestate succession”) which is ruled pursuant to the law regarding a lack of testamentary dispositions by the deceased;
- testamentary succession: which is determined in accordance with the dispositions contained in a lawful Will and compliant to the regulations in force.