Succession

When a person passes away, their family must register the death with Identità, where the deceased’s identity card is returned, and an official death certificate is issued in the following weeks.

The presumed heirs then need to visit a notary of their choice with the official death certificate so that the notary may search for any wills made by the deceased. If the deceased left a will, the heirs are normally indicated in it. If the deceased did not leave a will, the heirs are determined by next of kin, and, in such cases, the notary may need to apply to court to confirm the heirs.

If the deceased owned immovable property, the heirs must declare this to the Commissioner for Tax and Customs by a deed of declaration of transmission causa mortis. This declaration, describing the immovables inherited and stating their market values, must be accompanied by any duty due. Even if no duty is payable, the declaration must still be made. Immovable property inherited may not be sold to third parties until this declaration is completed.

The notary will require certain documents such as site plans and property valuations, which the heirs must obtain from an architect of their choice, as well as any documents that may assist the notary in their work. With these in hand, the notary will calculate the duty, if any, due by the heirs and determine whether any exemptions apply. These vary widely according to the circumstances of the succession.

Cooperation between the heirs and the notary is crucial. In all cases where duty is payable, if the declaration is not made within one year of the deceased’s death, the heirs will incur interest on any unpaid duty.

No duty is due on money; financial investments such as shares, bonds, stock, and insurance policies; or on other movables such as vehicles, firearms, furniture, and jewellery. However, for bank deposits and financial investments to be released to the heirs by the relevant banks and financial institutions, written submissions must still be made. The transfer of vehicles requires submissions to Transport Malta, and that of firearms requires submissions to the Malta Police Force.