Probate is a complicated matter in Italy, even for small estates. We at the Boccadutri Law Firm continually assist clients from all other the world in dealing with Italian estates of their relatives, and we pride ourselves on providing our clients with exceptional service.
We understand that dealing with the loss of a loved one is a very difficult time and we are therefore fully committed to ensuring that we provide our clients with the best possible assistance to make sure the probate process runs smoothly.
How does Probate work in Italy?
When a person with Italian assets dies, the property and other assets located in Italy must be liquidated and distributed – whether a Will exists or not.
In addition to this, a legal title must be established for heirs and beneficiaries.
If a Will is present, proceedings in probate law determine if the Will is valid. Furthermore, proceedings collect and preserve the assets of the deceased, as well as ensuring that all expenses and outstanding debts from the estate are paid, distributing the remaining assets to the heirs afterward.
In the case that a Will does not exist, the law determines the legal heirs
Why should I hire a Probate Lawyer?
Due to the complexity of these cases, especially for clients that are located outside of Italy, the assistance of an experienced Probate lawyer is vital to deal with all legal procedures – particularly if heirs or creditors contest the Will.
In addition to this, there are financial penalties to be paid if the procedures are not adhered to in a timely manner.
Estates vary and so does the settlement of estates.
An administrator of an estate, often a family member or trusted friend, will need the assistance of a probate lawyer to ensure that the Will is adhered to and all Probate Laws are applied correctly.
What does a Probate Lawyer do?
Our experienced probate lawyers will clearly explain the procedures and make sure all steps are taken care of within the time constraints while ensuring that your interests are protected as well as the wishes of the deceased.
Our probate lawyers also carry out all the necessary bureaucratic issues such as:
- Filing the Will and death certificate with the probation proceedings;
- Notifying creditors about death and probate procedures;
- Collecting the necessary information to file the various required documents, such as those required to release probate money held in bank accounts or financial portfolios.
In the event that any disputes do arise among heirs or creditors, the administration of the estate can be delayed, resulting in financial penalties.
A probate lawyer can prevent such penalties and advise the estate’s administrator on how best to proceed.
A probate lawyer can also represent minors and mentally incapacitated heirs in the distribution of assets.
Do not make the mistake of thinking that only the rich, elderly or those with children need a Will and testament; every adult can benefit from an estate plan, including a Will and testament.
Our probate lawyers can work with you to devise an estate plan that explains how your assets should be distributed after your death and can assist you in drafting a Will.
Our lawyers have extensive expertise in crafting strategies to reduce estate taxes and help ensure the financial security of your spouse and children.