Death Happens in Italy, too

Italians do not like to talk about death. Allow me to do it for them.

If you live here and marry into an Italian family, you can forget about estate planning. There will be no talk about your in-laws moving into a smaller apartment or a retirement community or anything like that. There will be no talk about putting things in other peoples' names to avoid problems later, nothing. This is not to say that ALL families are superstitious about death, but many are and you will just have to cross that bridge (well, let's just say you won't be crossing that bridge, or this post would not apply to you) when you get there.

If it does happen (and of course, let's hope it doesn't), there are LOTS of things to do. I found this document put out by a Union here that supports retired people. The first paragraph talks about their indecision about putting this document together and going through with it since many people are superstitious about talking about death. Incredible!

That is not even the thing that suprised me today. What did, was the fact that that Unions or a "Patronato" can actually help you complete some of the paperwork you need to do and cost less than a Notaio.

Here is an idea of what you need to do.

1. The declaration of death must be made within 24 hours.

If the death happens at home, you need to:

-Call the primary doctor, who will have to prepare an "ISTAT Certificate,"
-Get a copy of the Pathologist's Certificate (Certificazione del medico necroscopo)
-Declare the death at the office of the STATO CIVILE of the Municipality (COMUNE, behind Piazza Unità). You give them both documents plus your valid id (not a good moment to notice your i.d. has expired!)

If it happens in the hospital, they will prepare those two documents for you. Then you just go declare the death.

2. Death Certificate (Certificato di Morte): This is available in the Municipality where the death occurred as well as in the Municipality where the person was a resident. If the death happens in the same Municipality as where the person was a resident, the Death Certificate is available immediately. Otherwise you will have to wait about 10 days for the Death Municipality to communicate with the Municipality of residence.

3. Hereditary Succession. Italian Law says there are two kinds of succession and they depend on whether or not there is a Will (TESTAMENTO).

If there is NO WILL: It's called SUCCESSIONE LEGITTIMA. In this case the law determines who inherits.

If there is a WILL: It's called SUCCESSIONE TESTAMENTARIA. In this case the Will determines who inherits. Children of the deceased have their rights, though, and cannot be "cut out." They can always question the Will and will be entitled to their percentage of the patrimony. Others who can question the WILL are the spouse and any other people who normally would be in line for the throne.

Figuring out who the heirs are is NOT SIMPLE for a foreigner. Get help on this one. Ask a Union for help as it will cost less than the Notaio. There is always someone who inherits, at least up until the 6th degree of family (who gets how to figure that out? Not me.). At that point everything that is left goes directly to the State.

4. Agenzia delle Entrate. You have 12 months to make a declaration to the Tax Authorities. They will give you something called the Modello 4 which looks something like this  and you can do this without a notaio. You use this to outline who is left in the family and any buildings, homes, or land the deceased had. If you do not meet the deadlines you are liable for fines.

5. Tax Declaration. It will fall on you to do the tax declaration that year. You have to present a MODELLO UNICO. Not the 730, even if they did that one during their life. You may ask an accountant for help on this one. As always, ask the Union first. They do 730 forms. Perhaps they can also do the Modello Unico. You can also write off costs that you incurred after the death (example: healthcare costs. Get info on this!)

6. There are some other procedures for people who are not residents in Italy, so you will want some help on figuring out what. (see this document for an example)

7. Is there a PENSION involved? Get informed. Complicated complicated. If any money is due back, for example, it will not be refunded unless you ASK for it (think, tredicesima...) and they have a really long time to do it. You or your kids may have a right to the pension as well.

8. INPS (Healthcare system) is supposed to be notified automatically by the Medico Necroscopo within 48 hours of death. So that is one less thing to worry about (according to the document I am referring to).

9. Place of work. By all means, let them know. They will help you sort out the paperwork and get the ball rolling on that. Maybe they will be a support to you as well, especially if that person was a good colleague.

10. Bank. There is some paperwork to do there, of course. If there are any automatic payments going out, inform the companies to send a paper final bill because the bank freezes the account upon death. That's right. Even if you are on the account, you can't do much with it after a death until everything is sorted out (the Succession, etc)

11. Insurance. Is there any? Notify them.

12. Any loans or rental contracts? You are going to have to deal with the other parties.

13. The Car. You will have to do a Passaggio di Proprietà, even if it is in your spouse's name. It will cost you, of course.

14. Cancel the RAI contract for TV if it was in their name (the Union can help with this, too, I believe).  This is important especially if no one is left in the place of residence or it is being sold.

15. You have to notify the people who handle the WATER, ELECTRICITY, AND GAS. In Trieste it's all ACEGAS (HERA) but there are three different numbers. You have to deal with each one separately if you call. If you go in person you can do them all at once. You will have to transfer the contract into someone else's name if there is someone living there, or just close the contract if there is not. While you're doing this stuff, contact the phone company as well. All of these entities are slow, the faster you do it, the better.

This is just a start, but it could come in handy. I am no expert, but I am thinking that if I can get you thinking about it, perhaps you can come up with an action plan before you actually need it. Actually, I was inspired today by a friend who recently suffered a loss and it fell upon him to do this work. I went through something similar a couple of years ago for a distant relative who had no children, so I had some personal experience as well. We had to learn as we went along, and that is no fun when you are grieving.

May you and your loved ones LIVE FOREVER!!