Inheriting an Estate in Italy From Australia

Inheriting in Italy from Australia usually means acting through someone there. The heirs must file a succession declaration with Italy's tax agency within 12 months of the death, and most appoint an attorney in Italy. Italian citizens can sign the power of attorney at the Italian consulate; other heirs use an Australian notary, a DFAT apostille and an Italian translation.

Key takeaways

• Italy's Revenue Agency says the succession declaration must be filed by the heirs within 12 months of the opening of the succession, usually the date of death.
• Residents abroad may exceptionally file a paper declaration by registered mail if they cannot file electronically.
• The Italian Consulate General in Sydney acts as a notary only for Italian citizens, preparing powers of attorney, the atto notorio and deeds renouncing an inheritance.
• Heirs who are not Italian citizens sign before an Australian notary. The consulate says the applicant must arrange the apostille and the translation of a power of attorney drawn up in English.
• Australian documents such as a death certificate used in Italy take a DFAT apostille and an Italian translation.

The succession declaration and the 12 months

Italy's Revenue Agency, the Agenzia delle Entrate, explains the basic obligation on its page about filing the declaration, last updated February 2025. The succession declaration (dichiarazione di successione) must be filed by the heirs, those called to inherit and legatees, within 12 months from the opening of the succession, which generally coincides with the date of death. It is combined with a request to update the land registry for any property.

The declaration can be filed online through the Agency's reserved area, which needs an Italian digital identity such as SPID or an electronic identity card, through the Agency's software, through an authorised intermediary such as a professional or a tax assistance centre, or by appointment at an Agency office. For heirs living abroad, the Agency adds a specific rule: they may exceptionally file the paper form if electronic filing is not possible, sending it by registered mail or another method that proves the date of dispatch. The declaration counts as filed on the day it is handed to the post office.

The Agency also notes that a certified copy of the filed declaration is useful, for example, to release bank accounts or securities. In practice, banks and registries in Italy often wait for it, so the declaration is usually the first practical milestone, not a formality to leave until the end of the year.

Which office handles the declaration?

Where the deceased lived matters. The Revenue Agency says that if the deceased lived abroad but had previously lived in Italy, the declaration goes to the Agency office covering the last Italian residence. If that is not known, it goes to a designated office in Rome. For an Italian-Australian parent who emigrated decades ago, the last Italian residence is usually the town they left, so find the old address in family papers or Italian records early.

Appointing someone in Italy

Few heirs in Australia handle an Italian succession entirely from here. More often, one heir or a professional in Italy acts under a power of attorney (procura). The type matters: a procura speciale covers a specific transaction, such as dealing with this succession or selling a property, while a procura generale is broad. Your Italian professional will usually tell you which is needed and send the wording, in Italian.

How you sign it depends on your citizenship:

Heir	Where to sign	Apostille	Translation
An Italian citizen	The Italian consulate, by appointment	Not needed for a consular deed	Drawn up in Italian
Not an Italian citizen	An Australian notary public	DFAT apostille on the notary's certificate	Italian translation, if in English
Italian and non-Italian heirs signing one deed together	The consulate can act, as an exception	Not needed for a consular deed	Drawn up in Italian

What the Italian consulate will do

The Consulate General of Italy in Sydney explains its notarial role on its notary services page. Under Legislative Decree 71 of 2011, article 28, the head of the consular office exercises notarial functions exclusively for Italian citizens living abroad, with limited exceptions, including a deed that must be signed by both a foreign and an Italian citizen. For Italian citizens, the consulate prepares documents that in Italy would need a notary, including:

• General and special powers of attorney, and their revocation.
• The atto notorio, a sworn statement of facts before witnesses, often used to identify the heirs.
• Affidavits and signature authentication.
• A deed of renunciation of an inheritance.

The service is by appointment only, booked through the consulate's form, and for a power of attorney it asks you to say whether it is a general or special one and to send a draft in Word format. It is clear that it cannot give legal advice. Other Italian consulates in Australia offer similar services for their areas. Book early: appointments for notarial services can fill up, and the consulate needs your draft before the appointment.

Heirs who are not Italian citizens

Many heirs of Italian-born parents are Australian citizens only, or have not had Italian citizenship recognised. For them, the consulate points to local lawyers and public notaries who can draw up notarial deeds, including for people of other nationalities. It adds that it is always the applicant's responsibility to have the deed legalised with an apostille and to arrange the translation of a power of attorney drawn up in English.

So the Australian route is:

1. Get the wording from your lawyer, notary or agent in Italy, ideally as a bilingual Italian and English document.
2. Sign before an Australian notary, with your passport, and let the notary complete the notarial certificate.
3. Obtain a DFAT apostille on the notary's certificate. In Australia, only DFAT issues apostilles; Italy is a member of the Hague Apostille Convention.
4. Arrange the Italian translation if the deed is in English, in the form your Italian professional accepts.
5. Send the original to Italy by tracked courier, and keep a copy.

Our guide to notarising Italian documents covers the notary's step, and our power of attorney service explains the signing.

Australian documents for the Italian file

If the deceased died in Australia, the Italian side will usually need the Australian death certificate, and sometimes birth or marriage certificates to prove who the heirs are, or an Australian grant of probate. Each is an Australian public document, so it takes a DFAT apostille directly, and then an Italian translation. The Sydney consulate lists the translation options: a sworn translator in Italy; a translation sworn at an Italian court or municipality; or a translation by certified translators in Australia, legalised with an apostille where required. Ask your Italian professional which they accept before you order one. Our guide to apostilles for Italy explains DFAT's step.

If the deceased lived in Australia

Many Italian inheritances follow the death of a parent who lived in Australia for decades and still owned a house or land in Italy. In that case two systems meet: the Australian estate, often administered under an Australian grant of probate or letters of administration, and the Italian succession for the Italian assets. The Italian professional may ask for the Australian will and grant, apostilled and translated, as part of the Italian file. Which law governs the succession, and whether the Australian will is recognised for the Italian property, are questions for an Italian lawyer or notary; a notary in Australia prepares and certifies the documents but does not advise on Italian succession law.

Before you sign anything

A short checklist, worked through with your Italian professional, avoids most of the delays:

Renouncing an inheritance

Not every inheritance is worth accepting; an Italian estate can carry debts or property costs. The Sydney consulate lists a deed of renunciation of inheritance among the deeds it prepares for Italian citizens. A non-Italian heir who wants to renounce would need an equivalent deed prepared through a notary, apostilled and translated, in the form Italian law requires. Get Italian legal advice before renouncing, as it can have consequences for other family members and is difficult to reverse.

Common mistakes to avoid

• Missing the 12-month deadline for the succession declaration.
• Booking the consulate as a non-Italian heir, when it acts only for Italian citizens.
• Forgetting the apostille on an Australian notary's certificate.
• Sending an English power of attorney without the translation Italy needs.
• Signing a general power of attorney when a special one for the succession would do.
• Renouncing without advice on what it means for the other heirs.

In short

Inheriting in Italy from Australia means filing a succession declaration with Italy's Revenue Agency within 12 months, usually through someone in Italy acting under a power of attorney. Italian citizens can sign that power of attorney at the Italian consulate by appointment. Other heirs sign before an Australian notary, obtain a DFAT apostille and arrange an Italian translation. Australian certificates for the Italian file take an apostille and a translation too. For the general picture, see our guide to overseas inheritance documents.

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If you need to sign an Italian power of attorney, send us the wording from Italy, and we will explain each step before you book.