Act: Atto di notorietà
Legal Framework: Art. 5 R.D. n. 1366/1922; art. 1 L. n. 89/1913
Competent Authority: notaries; Court registrars (cancellier)
Procedure:
- The issuing of Atto di notorietà could be requested by: Heirs (including forced heirs); legatees; executors of the will; other parties with a legitimate interest (e.g., banks, tax authorities)
- The following documents are required: Death certificate of the deceased; Family status certificate (stato di famiglia storico) or other documents proving kinship; Identification documents of the declarant and witnesses; Published will (in testamentary succession);
- Two disinterested witnesses (not family members or beneficiaries of the inheritance) must confirm the identity of the heirs.
- The applicant, along with the witnesses, appears before a notary or the court registrar. The declarant states the succession details under oath.
- Atto di notorietà can be challenged before the Probate Court (where the deceased had their last domicile).
Nature and function: Atto di notorietà has a declarative nature. It is used to prove the status of heirs in inheritance matters (it is required, for example, to claim assets from banks, register real estate transfers, or handle other administrative succession processes).