Guide to renouncing an inheritance, revoking it, and obtaining the renunciation certificate

Renouncing an inheritance is appropriate when the estate's assets are less than its liabilities or when there are suspected tax debts or outstanding tax bills. Accepting an inheritance burdened by obligations may involve the risk of having to pay with one's personal assets.

Before making a final decision, it is advisable to verify the deceased's tax and social security contributions.

Through the Agenzia delle Successioni, you can request a complete report from the Revenue Agency, the Revenue Collection Agency, and INPS, so you can accurately understand the individual's financial and tax situation and assess whether it is best to accept or renounce the inheritance.

How to renounce an inheritance

The waiver of inheritance must be made by public deed or declaration received by the clerk of the competent court in the deceased's last domicile. An informal or privately written waiver is not permitted, as the deed must have public force and produce legal effects enforceable against third parties.

In the event of a waiver made in court, the person summoned appears in person at the Registry of the Voluntary Jurisdiction, providing identification, tax code, and the deceased's death certificate. The clerk draws up a waiver report and records it in the succession register.

Alternatively, the waiver can be made through a notarial deed: in this case, the notary draws up the public deed and subsequently ensures its filing with the competent Court.

The deed of renunciation is subject to the payment of registration tax and court fees, and takes effect immediately upon filing. The renunciation cannot be partial, conditional, or subject to time limits: it must concern the entire share of the inheritance due to the beneficiary.

Today, it is possible to manage the entire procedure through the Agenzia delle Successioni, which offers comprehensive assistance in preparing the documentation, filing the deed, and obtaining registration with the competent court, without having to visit the judicial offices in person.

How to revoke the renunciation of inheritance

Revocation of the renouncement of inheritance is permitted by Article 525 of the Civil Code. The renouncer may retrace his or her steps and accept the inheritance, provided it has not already been accepted by other eligible parties or has passed to the State.

Revocation represents a new expression of will, to be formalised using the same methods as those provided for acceptance: public deed or authenticated private document.

The effects of revocation are retroactive: the individual is considered an heir for all purposes, as if he or she had never renounced. However, revocation cannot affect any rights acquired by third parties in good faith in the period between the renunciation and the subsequent acceptance.

This procedure can also be entirely managed with the assistance of the Agenzia delle Successioni, which takes care of preparing and filing the revocation deed with the competent Court.

The certificate of renunciation of inheritance

The certificate of renunciation of inheritance is the official document certifying that the declaration of renunciation has been registered with the competent court.

It contains the details of the deceased, the renouncer, the filing date, and the deed's registry number. It has legal value and can be used for administrative, tax, and notarial purposes.

This document is often required for the inheritance declaration, the land registry transfer, the closure of current accounts or bank deposits, as well as in all practices that require formal proof of renunciation.

The certificate is issued by the Registry of the Court where the document was filed, upon submission of an application accompanied by a copy of the applicant's ID, tax code, and the deceased's death certificate. The issuance time can vary from a few days to two weeks.

How to request a certificate of inheritance waiver online

With the Agenzia delle Successioni, you can request and receive the certificate of inheritance waiver entirely online, without having to physically visit the court or the competent registry office.

The service is intended for heirs who need to quickly obtain an official document for inheritance or estate purposes.

To complete the request, simply download the forms available at the bottom of the page (Power of Attorney and Privacy Policy), fill them out, and sign them, specifying whether you wish to renounce the inheritance, revoke the renouncement of inheritance, or request a certificate of renouncement of inheritance as the required document type.

The documentation must then be sent to the email address segreteria@agenziadellesuccessioni.it , attaching a copy of the applicant's identity document and the tax code of the person renouncing.

These are the municipalities where the Agenzia delle Successioni can intervene.

Once the request has been received, the Agenzia delle Successioni will consult the Registry of the competent Court, obtain the official certificate and transmit it in PDF format, with full legal value and guaranteed authenticity.

By relying on the Agenzia delle Successioni, you can manage all phases of the waiver, revocation, and certification procedure simply, digitally, and securely, saving time and administrative costs.

Discover all the other documents that can be requested from the Agenzia delle Successioni.

Here you can find further information on:

• Renouncing the inheritance
• Revocation of the renunciation of inheritance