Veryfy

Italian property and heirs: checks for US owners

Updated to

In short: for US owners of Italian property, three official rules matter: build-stage buyer protections in D.Lgs. 122/2005, EU Regulation 650/2012 for a US citizen's estate, and US reporting of Italian accounts (FBAR, Form 8938). Veryfy checks the Italian person or builder on the other side, from €29, in Italian.

Part of the guide Vetting an Italian company or counterparty: a guide for US businesses.

Buying from a builder

For a building still to be built, art. 2 of D.Lgs. 122/2005 requires the builder to provide a surety for sums received and still to be received before transfer, on pain of nullity that only the buyer can invoke (Normattiva: D.Lgs. 122/2005, art. 2). Art. 4 requires a ten-year indemnity insurance policy delivered at transfer, again on pain of nullity (Normattiva: D.Lgs. 122/2005, art. 4).

Inheriting Italian property

Regulation (EU) No 650/2012 applies to succession to the estates of deceased persons (Art. 1). Art. 21: the law of the State of habitual residence at death applies, or that of a manifestly closer connection. Art. 22: a person may choose the law of the State of their nationality, expressly in a disposition of property upon death (EUR-Lex: Regulation (EU) No 650/2012). Estate and tax planning needs an Italian notary or lawyer.

US reporting

More detail for buyers and heirs

A sale of Italian real estate must be in writing, as a public deed or private writing, on pain of nullity (Civil Code art. 1350, Normattiva: Civil Code, art. 1350), and the transfer is made public by transcription (art. 2643, Normattiva: Civil Code, art. 2643). A US resident can request the codice fiscale at an Italian consulate (Italian Revenue Agency: codice fiscale for citizens). The Italian succession declaration must be filed within 12 months of the opening of the succession (Italian Revenue Agency: succession declaration, how and when), and the European Certificate of Succession can prove heir status in other EU countries (Regulation 650/2012, arts. 63 and 69, EUR-Lex: Regulation (EU) No 650/2012).

Full guides: Buying property in Italy from the US: check the seller and title and Inheriting property in Italy: succession filing for US heirs.

Checking the other person

Verifica Persona (€29) shows protests, adverse public records and procedures against the person, from a public source with the date of the check. Verifica Persona Estesa (€49) adds offices and shareholdings in other companies and registered real estate. Prices are one-off and in euros. It is not a statement about what can be seized, and not a substitute for a notary.

Both person products include a free Check anti-truffa for the email or website that contacted you and the IBAN you were asked to pay: disposable or free webmail, domain age, domains flagged for malware or phishing, SPF and DMARC protection, data breaches affecting the site, and whether the IBAN is correctly written.

The service and the report are in Italian, built from Italian official sources: company names, offices and procedures keep their original Italian wording. Veryfy does not offer a translated report.

Frequently asked questions

Which law governs the estate of a US citizen who lived in Italy?

Under Article 21 of EU Regulation 650/2012, the law of the State of the deceased's habitual residence at death, unless a manifestly closer connection exists. Article 22 lets a person choose the law of their nationality.

Do I have to report an Italian bank account to US authorities?

A U.S. person with a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value exceeds $10,000 at any time during the year, per FinCEN. Form 8938 is a separate IRS requirement for specified foreign financial assets.

What guarantees apply when buying a home still to be built?

D.Lgs. 122/2005 requires the builder to provide a surety on money received and a ten-year insurance policy, on pain of nullity of the contract that only the buyer can invoke.

How long do heirs have to file the Italian succession declaration?

12 months from the date the succession opens, according to the Italian Revenue Agency.

Does an Italian property sale have to be in writing?

Yes. Article 1350 of the Civil Code requires a public deed or private writing, on pain of nullity.

More in this cluster

Hub: Vetting an Italian company or counterparty: a guide for US businesses. Related guides:

All guides: Guides.

Sources

Official sources opened and read on October 24, 2026 (2026-10-24).

General information, not legal advice. Sources verified on 2026-10-24.

Frequently asked questions

Which law governs the estate of a US citizen who lived in Italy?

Under Article 21 of EU Regulation 650/2012, the law of the State of the deceased's habitual residence at death, unless a manifestly closer connection exists. Article 22 lets a person choose the law of their nationality.

Do I have to report an Italian bank account to US authorities?

A U.S. person with a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value exceeds $10,000 at any time during the year, per FinCEN. Form 8938 is a separate IRS requirement for specified foreign financial assets.

What guarantees apply when buying a home still to be built?

D.Lgs. 122/2005 requires the builder to provide a surety on money received and a ten-year insurance policy, on pain of nullity of the contract that only the buyer can invoke.

How long do heirs have to file the Italian succession declaration?

12 months from the date the succession opens, according to the Italian Revenue Agency.

Does an Italian property sale have to be in writing?

Yes. Article 1350 of the Civil Code requires a public deed or private writing, on pain of nullity.

Want to check a specific company?

Credit limit, beneficial owner and warning signs, in minutes.

Check the person