Italian family certiicate or family status declaration

Sorbet

Hi. In order to proceed with a small inheritance in Italy one of the documents I have been asked to supply is a family certificate or family status declaration. It apparently shows all the family members with their date and place of birth and in Italy can be released by the town hall or municipality.

I am Irish and living in Ireland and am not sure what equivalent document will do.

I contacted the Italian embassy here who suggested obtaining from the Gardai a letter but I'm not sure how to approach this as I expect going to my local station won't help.

Does anyone have any experience of this document or similar in other countries? Thanks

jrmb

Sorbet wrote: »

Hi. In order to proceed with a small inheritance in Italy one of the documents I have been asked to supply is a family certificate or family status declaration. It apparently shows all the family members with their date and place of birth and in Italy can be released by the town hall or municipality.

I am Irish and living in Ireland and am not sure what equivalent document will do.

I contacted the Italian embassy here who suggested obtaining from the Gardai a letter but I'm not sure how to approach this as I expect going to my local station won't help.

Does anyone have any experience of this document or similar in other countries? Thanks

My guess is that you'd have to collect people's birth and marriage certificates and present them all together.

Would a notarised or apostillesed letter do the job?

nuac

Sorbet
A Gárda might countersign a certificate of identity for a single person shown in a photograph, but would be unlikely to certify all the information required by the Italian authorities.

You may have to ask a solicitor to review the information and certificates available and draft a statutory declaration setting out that information

GGTrek

Sorbet wrote: »

Hi. In order to proceed with a small inheritance in Italy one of the documents I have been asked to supply is a family certificate or family status declaration. It apparently shows all the family members with their date and place of birth and in Italy can be released by the town hall or municipality.

I am Irish and living in Ireland and am not sure what equivalent document will do.

I contacted the Italian embassy here who suggested obtaining from the Gardai a letter but I'm not sure how to approach this as I expect going to my local station won't help.

Does anyone have any experience of this document or similar in other countries? Thanks

OP, I suggest you to read the following:
https://www.citizensinformation.ie/en/birth_family_relationships/registrar_birth_marr_death.html


In particular this is what you will need for a start:
"Multilingual Standard Form (MSF)"
and no need to spend money on Apostille or Certifications, since starting February 2019: "public documents such as birth, marriage, adoption, civil partnership or death certificates issued in an EU country must be accepted as authentic by the authorities in another EU member state without the need to carry an ‘Apostille’ or authenticity stamp. "


This is due to the implementation of the following EU directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R1191&from=EN




Now what you are referring to is called "Stato di famiglia" in Italy and according to art 3 and 46F of the Italian law:
http://www.re.camcom.gov.it/allegati/DPR_445-2000_TESTO_COORDINATO_CON_LE_MODIFICHE_APPORTATE_DALLA_LEGGE_183-2011.pdf


you can certify the status yourself if all your family members are EU citizens (of course you will have to write it in Italian and enclose a copy of your passport and the birth/marriage certificates above):
http://www.comune.portula.bi.it/on-line/Home/Comefareper/Fareidocumenti/Autocertificazioni/documento36031838.html


It is for all effects a statutory declaration and Italian civil servants are under legal obligation to accept it.


Now in theory in Italy there is no need to involve a notary public in what is called "succession" (probate in Ireland) since the executor could fill in all the forms, pay the taxes and present them to the Italian Revenue and Property Registration Authority (I do not remember exactly how, since almost 30 years have passed since I studied the law), but if the executor has decided to use a notary public to assist the probate process (similar to what a solicitor would do in Ireland), then your questions on the document should be addressed directly to the notary public involved (not to the Italian embassy) since he/she will be responsible for the probate process. He/she has to accept all the civil status documents above, since he/she is subject to EU law, but in addition (if he is really a pain in the proverbial ...) he/she might request that you:
a) prepare the family status certificate as statutory declaration at a Solicitor/Commissioner of Oaths in Ireland
b) apostille the signature of the witness at the DFA:
https://www.dfa.ie/travel/our-services/authenticating-documents/
c) post it to him/her
d) he/she will then ask to a certified translator in Italy to perform a certified translation to present together with the original to the Italian authorities


The process above is quite lenghty and could cost you a few hundred euros (for all the documents and the professional fees). Again you should discuss with the Italian notary public responsible for the probate if/how he/she can assist you in preparing the "stato di famiglia" directly in Italian (he/she will surely charge you a fee ) to save you from all the hassle above.

Sorbet

Thanks so much for your help. Bowled over by how much effort you went to. Much appreciated.

pasquale83

In case you need it, please find below the easiest way to submit the probate (sorry don't have time to translate it for you now, google translate should help you).

Anyway, key point is that from 01/01/2019 probate can be submitted only on-line using the 'Agenzia delle Entrate' (Revenue) SW:
https://www.agenziaentrate.gov.it/wps/content/nsilib/nsi/schede/dichiarazioni/dichiarazione+di+successione/sw+comp+dichiarazione+successioni+telematiche/indice+sw+dichiarazione+successioni+telematiche?page=dichiarazionicitt

Se riesci a fare da solo, puoi scaricare il software di compilazione della successione on line ed inserire i dati in vostro possesso.

Trovi tutto sul sito dell'Agenzia delle Entrate.

Dopo aver compilato tutti i campi a disposizione, potrete visualizzare il prospetto finale con la cifra da pagare, inclusi interessi e penali.

Dal 1.1.2019 la successione si può presentarla solo on line (o facendo da soli o facendola fare ad un professionista).

Io ho fatto da solo e, quando avevo dei dubbi, chiamavo il numero verde dell'AdE per chiedere come procedere.

La procedura è suddivisa in 2 fasi:
.
- Compilazione del modello di dichiarazione di successione, tramite il software gratuito.

- Invio della stessa tramite il cosiddetto Desktop Telematico, anch'esso disponibile sul sito dell'AdE.

Il tutto può sembrare un po' difficile e macchinoso, ma piano piano si riesce a completare.

Il risparmio è assicurato: a me avevano chiesto 850 euro di parcella, che mi sono totalmente risparmiato.