Selling an inherited home: what to settle first
It is a frequent situation, and the one where timescales are most often underestimated. We set out what needs settling before going on the market.
Before selling, the succession must be registered
Declaring the succession to the tax authorities satisfies a fiscal obligation; it does not transfer ownership in the land register. In the province of Bolzano the passage to the heirs is completed by an application and a decree of the land registry judge: until that exists, section B still shows the deceased and the sale cannot go through.
It is the obstacle that most often surfaces late, because a step that was never completed is taken as done. Checking takes a land register extract and a few minutes.
When there is more than one heir
The property belongs to all of them jointly, and selling requires everyone's consent: one signature is not enough, not even that of whoever lives there or has met the costs. An heir who disagrees can be bought out by the others, or the property is sold and the proceeds divided by shares.
An independent valuation prepared before the discussion gives the heirs a common reference. Among co-heirs disagreement usually concerns value, and a document that explains the figure leaves less room for impressions.
The closed farm
If the inherited property is a closed farm, the ordinary rules on dividing an estate do not apply: provincial law aims to keep it undivided and identifies a single taker. It is a specialist field, with its own jurisdiction in the local closed-farm commission, and one to approach with a lawyer who works in it.
It is not a rare situation in the province: with rural property the first check is therefore what the land register says.
The tax treatment of the sale
A property received by inheritance produces no taxable gain when it is resold, even if the sale follows immediately. It is the exception provided in article 67 of the income tax act, and it is useful to know because it is often the item that causes most concern.
The exemption covers that item and no other. Inheritance tax, where due, is paid at the time of the succession, and the sale still carries its ordinary costs: documents, energy certificate, any tidying up in the land register.
In short
- Declaring the succession is not enough: it must be registered
- Check section B: who appears as owner today
- With several heirs, everyone's consent is required
- A reasoned valuation before the discussion among heirs
- Closed farm: its own provincial rules, with a lawyer
- No taxable gain on property received by inheritance
Frequently asked questions
One heir objects to the sale: what can be done?
There are two ordinary routes: the others buy out that share, or division is sought, by agreement or, failing that, through the court. The first useful step remains an independent valuation, because it fixes the value to reason from.
How long does it take to register a succession?
It depends on the situation: with a single heir and a straightforward position, weeks; with several heirs, renunciations, wills to be published or shares spread over several properties, months. It is the first step to start, not the last.
Official sources
Note
This guide is general information written by an estate agency. It does not replace advice from a notary, an accountant or the surveyor handling the property. The rules cited are those in force at the date of publication.
Read next
The land register: what changes when you sell here
It is the most significant difference between selling in the province of Bolzano and selling in the rest of Italy, and it is worth knowing before you sign anything.
The documents you need to sell in the province of Bolzano
The list here is longer than in the rest of Italy, because the land register sits alongside the cadastre. We set out what is needed, who issues it and the order in which it is best obtained.
The costs the seller bears
The heaviest part — registration tax and the notary's fee for the deed — falls to the buyer. Some items nonetheless fall to the seller, and they are worth knowing in advance.
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