Estates
To obtain a declaration of the change in the ownership of shares, heirs must submit the following documents:
- share transfer request, containing their complete personal data (first name, last name, date and place of birth, nationality, place of residence, street and number, taxpayer number, bank account details and number of securities account). The signatures must be duly authenticated by a Bank (or Notary Public or Stockbroker) in accordance with Article 11 of Royal Decree No. 239 of March 29, 1942;
- certified copy of the death certificate (only if it has not already been transcribed as an annex to the record of probate of the will);
as well as certified copies on stamped paper of:
- an affidavit, made before the Clerk of the Court or a Notary Public, containing the sworn declarations of two witnesses, regarding the circumstances of the estate and the heirs;
- the record of the probate of the will, if any;
- a certificate that the estate return has been filed, issued by the Registry Office. The estate return will have to be filed only for estate proceedings begun before October 25, 2001, or after October 2, 2006 (Art. 2 paragraph 47 of Legislative Decree 262/2006). It being understood that, when the heirs are in direct line (spouse and children), and the estate does not include real estate or rights to real estate and heritable assets do not exceed 25,000 euros, those entitled to do so will be able to make a declaration instead of the abovementioned certificate. Estate proceedings begun between October 25, 2001 and October 2, 2006 inheritance tax is no longer payable (Article 13 of Law 383/2001), regardless of the value of the estate or the relationship of the heirs, and therefore the estate return will not have to be filed.
- authorization of the Guardianship to accept the inheritance, if the heirs are minors.
Securities acquired after September 21, 1975, the date on which Law no. 151 of May 19, 1975 on family rights took effect, are owned as community property by spouses and only 50% of their value is included in the estate.