Guide
An inherited house on the lake: what to do, what it costs, what to decide
Many lake houses change hands this way: not with a deed of sale, but with an inheritance. For those who receive one, often from far away, the first year is made of tax deadlines, the second of a choice: keep it, let it, sell it. This guide lines up what the law asks in the 12 months after a death, what you really pay with the lake's values, what happens when there are several heirs, and why selling an inherited house does not trigger capital gains tax.
· 7 sources · 9 min read
In short
- The succession declaration (dichiarazione di successione) is filed online within 12 months of the death; a house always makes it compulsory. The same filing requests the cadastral transfer.
- Where the death occurred on or after 1 January 2025, the heirs work out the inheritance tax themselves and pay it within 90 days of the filing deadline; from €1,000 upwards it can be paid in instalments.
- A spouse and children pay 4% only above €1,000,000 each: for a lake house, almost always nothing. The mortgage tax (2%) and cadastral tax (1%) remain, €200 each if one heir meets the first-home requirements.
- If there are several heirs, the house belongs to all of them: selling it takes everyone's consent, but any of them may ask at any time to divide.
- Selling an inherited house does not trigger capital gains tax, even if you sell straight away.
The first 12 months: the succession declaration
The declaration is filed within 12 months of the opening of the succession, normally the day of death1. It goes online: in the Revenue Agency's reserved area, with SPID, CIE or CNS, a pre-filled version starts from the data the Agency already holds and works out the taxes; alternatively you entrust it to a professional or a CAF tax centre, or have an Agency office transmit it by appointment2.
Those called to the inheritance and the legatees are bound to file it, but the signature of one of them is enough1. Those living abroad who cannot file online may post the paper form by registered mail: the posting date counts12.
There is an exemption, but not for those inheriting a house: no declaration is needed only if the estate goes to the spouse and children, is worth no more than €100,000 and includes no real estate2. The same filing requests the cadastral transfer (voltura catastale) that puts the house in the heirs' names2.
The taxes: who pays, how much, by when
Inheritance tax depends on the relationship with the deceased, and the allowance applies to each heir1:
| Who inherits | Rate | Allowance per heir |
|---|---|---|
| Spouse, children, grandchildren in the direct line, parents | 4% | €1,000,000 |
| Brothers and sisters | 6% | €100,000 |
| Other relatives up to the fourth degree (for example a brother's children), in-laws in the direct line and, up to the third degree, in the collateral line | 6% | none |
| Everyone else | 8% | none |
On the house you always pay the mortgage tax (imposta ipotecaria) of 2% and the cadastral tax of 1% on the declared value; if even one heir meets the requirements for the «first home» relief, they become €200 each. On top come €85 of stamp duty for each land-registry office involved and €120 of fee for land-registry and cadastral services for each registry2.
Which value? The one the heirs declare. For a building, the office cannot adjust it if it is not lower than 100 times the cadastral income updated with the income-tax coefficients1: that is why successions almost always declare a value built on the cadastral income shown in the land-registry record, not the market price.
Where the death occurred on or after 1 January 2025, the office no longer works out the inheritance tax: the heirs self-assess it on the basis of the declaration and pay it within 90 days of the filing deadline1. From €1,000 upwards you may pay at least 20% at once and the rest in 8 quarterly instalments, up to 12 above €20,00012. The office checks the figures and, if something is missing, sends a notice within 2 years of filing2.
An example with the lake's numbers
Assumption: a 150 m² villa in OMI zone B2 of Orta San Giulio, the lakefront with the island. At the OMI values for the second half of 2025, 2,100–3,000 €/m², it would be worth between €315,000 and €450,000 on the market7. If two children inherit it, each receives a half worth between €157,500 and €225,000: far below the €1,000,000 allowance, so no inheritance tax, whatever value is declared.
For the other taxes, assume a declared value, worked out from the cadastral income, of €150,000: mortgage tax €3,000, cadastral tax €1,500, plus stamp duty and fee (€205), make €4,705. If one of the two children meets the first-home requirements, the bill falls to €605. And here is how the same declared value changes if someone else inherits alone:
| Who inherits, alone | Inheritance tax | Mortgage, cadastral, stamp, fee | Total |
|---|---|---|---|
| The two children | €0 | €4,705 | €4,705 |
| A brother | €3,000 | €4,705 | €7,705 |
| A brother's child | €9,000 | €4,705 | €13,705 |
| A friend | €12,000 | €4,705 | €16,705 |
Really becoming the owner: accepting the inheritance
The succession declaration is a tax formality; you become the owner by accepting the inheritance. You have 10 years from the death3. Acceptance can be express, with a deed before a notary, or tacit: the law sees it in any act that only an heir would be entitled to perform3, and selling the house is one of them.
For the house there is one more step: the acceptance has to be entered in the property registers, on the basis of a public deed or an authenticated private agreement, or of the very act that implies it tacitly3. It is what the buyer's notary will look for to trace the chain of ownership. Those who do not want the inheritance renounce it with a declaration before a notary or the court clerk3.
From the day of death IMU falls on the heirs, each for their share and with an obligation of their own6: for those who do not take up residence there, the lake house is a second home, with the rates you find in IMU property tax on the lake.
When there are several heirs
Two or three siblings who inherit the same house become its co-owners, each for their share. For improvements and other extraordinary acts a majority representing two thirds of the value is enough, but to sell the house, or to let it for more than nine years, everyone's consent is needed4.
No one is forced to remain a co-owner, though: anyone may ask to divide. Only the will can postpone division, by at most 5 years from the death (or until a year after the youngest heir comes of age, if the heirs are minors), or the court, which can suspend it for no more than 5 years when dividing at once would seriously harm the estate. An agreement among the heirs to stay together is valid for up to 10 years4. A house does not split in two like a field: in practice one heir buys out the others, or the house is sold and the price divided.
Either way the starting point is the same, a value everyone agrees on. The tool What is my home worth sets out the OMI values for your zone; for a figure to sign on, you need someone who sees the house.
Selling the inherited house
The rule that surprises people: whoever sells a house received by inheritance pays no capital gains tax, even selling the month after. The law excludes property acquired by succession both from the five-year rule and from the rule on houses with Superbonus works5. It is different for a house received as a gift, where the years run from the purchase by whoever gave it5.
Otherwise the papers are those of any sale, with two more: the succession declaration and the registered acceptance, which serve as proof of title. Floor plans, compliance, energy certificate and taxes are in Selling your lake house; the checklist is in the tool Documents to sell.
If the heirs do not yet know what to do with the house, it is worth getting a picture before deciding: present it to us, even just to learn what it is worth and what buyers on the lake are looking for. If instead you plan to keep it and let it, the rules are in Renting out your lake home.
What we do not know yet
Whatever we have not yet read in a reliable source we list here, instead of passing it off as certain.
- The cadastral value of your house: it depends on the cadastral income in the land-registry record and on the calculation rules the professional applies in the declaration.
- How the country where you live treats the same inheritance, if it is not Italy: foreign taxes and treaties are a question for an adviser there.
- The time and cost of a court division, which depend on the case and on the court.
Questions
By when must the succession declaration be filed?
Within 12 months of the death, online. If there is a house it must always be filed; those living abroad who cannot transmit it may send it by registered mail.
How much inheritance tax is due on a house left to the children?
No inheritance tax up to €1,000,000 for each child. Mortgage tax 2% and cadastral tax 1% on the declared value remain (€200 each if one heir meets the first-home requirements), plus €85 stamp duty and a €120 fee.
Who works out the inheritance tax since 2025?
The heirs, if the death occurred on or after 1 January 2025, on the basis of the declaration: they pay it within 90 days of the filing deadline, in instalments too from €1,000 upwards.
Is capital gains tax due when selling an inherited house?
No: houses received by succession are excluded, even if sold at once. The five-year rule applies instead to houses bought and, counting the donor's years, to those received as a gift.
My brother does not want to sell the house we inherited: what can I do?
Selling the whole house takes all co-owners' consent, but each may ask to end the co-ownership at any time; the court can suspend division for at most 5 years, and only if dividing at once would seriously harm the estate. It usually ends with a buy-out of the shares or a sale.
Sources
- Normattiva: D.Lgs. 31 ottobre 1990, n. 346 (Testo unico delle imposte sulle successioni e donazioni), artt. 7, 14, 28, 31, 33, 34, 37 e 38, testo vigente dopo il D.Lgs. 18 settembre 2024, n. 139 (applicabile alle morti dal 1° gennaio 2025, art. 9 c. 3); con il 2027 queste norme si trasferiscono nella Parte III del D.Lgs. 1 agosto 2025, n. 123
- Agenzia delle Entrate: «Dichiarazione e Imposta di successione» (giugno 2026): aliquote, imposte ipotecaria e catastale, bollo, tassa, presentazione, autoliquidazione, rate
- Normattiva: Codice civile, artt. 459, 476, 480, 519 e 2648 (acquisto, accettazione tacita, prescrizione, rinunzia, trascrizione dell'accettazione)
- Normattiva: Codice civile, artt. 713, 717, 1108 e 1111 (divisione dell'eredità, rinvio del testamento e sospensione del giudice; atti eccedenti l'ordinaria amministrazione, scioglimento della comunione)
- Normattiva: D.P.R. 22 dicembre 1986, n. 917 (TUIR), art. 67, c. 1, lett. b) e b-bis), versione vigente al 31/10/2026
- Normattiva: legge 27 dicembre 2019, n. 160, art. 1, comma 743 (soggetti passivi IMU, più possessori), testo vigente
- Agenzia delle Entrate – OMI: Banca dati delle quotazioni immobiliari, 2° semestre 2025 e 2° semestre 2024 (CC BY 4.0)
The other guides
- 01
Buying property in Italy
The procedure for buyers from abroad, step by step: tax code, offer, preliminary contract, deed.
- 02
Purchase costs compared
Italy, Switzerland, Germany and Austria on the same home, line by line.
- 03
East shore or west shore
Sun, roads, water, services and price quotations: the two shores compared.
- 04
Orta or Maggiore?
Two lakes divided by the Mottarone: times from Milan and Malpensa, size, water, what is known and what is not.
- 05
Getting here
Airports, motorways, the Swiss vignette, trains and boats, with sources and the gaps left visible.
- 06
Lake Orta property prices
The OMI quotations municipality by municipality, zone by zone: how to read them and what they do not say.
- 07
Renting out your lake home
The notice and the CIR, the CIN outside and in listings, detectors and extinguishers, guests, the flat-rate tax: the 2026 rules for letting a Lake Orta home to tourists.
- 08
IMU property tax on the lake
The 2026 second-home rates in the thirteen municipalities, how it is worked out from the cadastral income, when and how to pay, from abroad too.
- 09
Renovating on the lake
The 300-metre band, the decrees in each municipality, free works and works needing approval, who decides, the 2026 tax credits.
- 10
Boats, buoys and swimming
Who owns the water in front of the house, the buoy and the jetty under concession with the 2026 fees, the boating rules, the bathing areas, fishing.
- 11
Winter on the lake
The measured climate, the climate zones of the thirteen municipalities, what heating a house costs, stoves and the smog alert, winter tyres, what stays open.
- 12
Moving to the lake
Becoming resident as an EU or non-EU citizen, health care and the local health authority, driving licence and foreign-plated car, local surtaxes and the taxes of new residents.
- 13
Selling your lake house
The papers the deed requires, the 2024 building tolerances, energy certificate and condominium, capital gains and the 26% tax at the notary, gifted homes, selling from abroad, how many homes sell.
- 14
What a lake house earns
OMI rents in the thirteen municipalities, 2025 tourist nights, the flat tax also on agreed rents, Orta's tourist tax and a worked comparison of long let, holiday let and empty house.
For owners
A home on the lake, presented to buyers from Zurich, Munich and Milan.
In Italy TriesteVillas srl is a registered agency and can already act on the lake. Tell us about your home: we reply in Italian, English or German.