Tracing heirs

Processing times

The report is sent via email in approximately 30 working days.
In more complex cases, processing times may extend up to 180 working days.

Description

Heir Tracing is a service that allows you to identify the heirs of a deceased person, known as the de cuius. This service provides not only the full names and personal details of the heirs, but also their current residences.

When is Heir Tracing useful?

Heir Tracing is particularly useful in the case of inheritance. When a natural person dies, his or her property rights, both active and passive, are transferred to the heirs. If the deceased had debts, these are transferred to the heirs, who will be held liable in place of the deceased. Therefore, it is essential for the deceased's creditors to trace all the heirs in order to recover the sums owed.

In addition, Heir Tracing can be useful in other situations, such as when a process is interrupted due to the death of a party. In this case, the process must be continued against all heirs. Another example is a judgment for the usucapitation of an asset whose owner has died. In this case, the interested party must serve the formal notices against all heirs.

How to request an Heir Tracing?

To request an Heir Tracing, you must provide the following information about the deceased:

• Full name

• Sex

• Place and date of birth

• Place and date of death

• Last residence

This data must be entered in the application form.

What does Heir Tracing include?

Heir Tracing allows you to identify the deceased's heirs up to the 4th degree. For each heir, the following is provided:

• Full name

• Date of birth

• Current residence (if the heir resides in Italy)

If the heir resides abroad, it is necessary to carry out further research to verify whether he is registered with AIRE and whether he resides in the community territory. This type of activity is carried out after a preliminary estimate.

Which heirs are identified with Heir Tracing?

Legitimate heirs up to the 4th degree are traced, that is, those called to succession directly by the law pursuant to art. 565 of the civil code. Therefore, if there is a will, the heirs tracing is not able to identify the heirs indicated by the deceased. In this case, it will be necessary to proceed with a specific investigation to ascertain the existence of a will.

According to the civil code, the following are entitled to inheritance:

• The spouse

• The descendants

• The ascendants

• The collaterals

• The other relatives

• The State

The estate is distributed among the heirs according to a gradual criterion, which means that the closest heirs exclude the others. Only in the case in which there are no heirs indicated in art. 565 cc, the estate will be devolved to the State. For example, if the deceased left a spouse and children, all the estate will be divided between them. If there is only a surviving spouse, the entire estate will be devolved to him; any ascendants and brothers and sisters will compete with the spouse and will receive 1/3 of the estate. If there are only ascendants, the estate is divided equally between the maternal and paternal lines.

An important aspect to consider in inheritance succession is the distinction between legitimate heirs and compulsory heirs, or necessary heirs. Compulsory heirs are those legitimate heirs to whom the law guarantees a share of the inheritance, even in the presence of a will.

The legitimate heirs, according to article 536 of the civil code, are the spouse, children and ascendants. These, regardless of the will of the testator, will be entitled to a legitimate share of the inheritance.

As for the question of how to know if an heir has accepted an inheritance, the Heir Tracing document does not provide this information. To obtain such details, you must request a specific inheritance acceptance verification service. This service can provide the information needed to determine if an heir has formally accepted his or her share of the inheritance.