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What the law says in Italy

7 rules

Declaring the death

The death must be declared within 24 hours to the civil registrar of the comune where it happened, by a relative, someone who lived with the deceased or their delegate; the funeral company usually does it. A hospital or care home sends notice itself. The registrar then gives the burial permit, free of charge, once 24 hours have passed and the death has been checked by the medico necroscopo. D.P.R. 3 novembre 2000, n. 396, artt. 72 and 74

The prosecutor and autopsy

If a crime is suspected, the public prosecutor establishes the cause of death and may order an autopsy, and there can be no burial without the prosecutor’s order. Ask the prosecutor’s office early, in writing, to release the body quickly for religious reasons. A hospital may also order an autopsy to check the diagnosis; the family can agree it with the medical director and have a doctor of their choice present. D.Lgs. 271/1989, art. 116; D.P.R. 396/2000, art. 77; D.P.R. 285/1990, art. 37

Timing and repatriation

Normally the coffin may not be closed, and the body may not be buried, until 24 hours after the death, or 48 hours after a sudden death; the medico necroscopo can confirm whether an exception applies, such as an ECG of at least 20 minutes. We found no national latest time for burial. To bury abroad, the prefect authorises the transfer: for a country outside the 1937 Berlin agreement on the consulate’s consent, with the body in a sealed metal and a wooden coffin; for a country in it, with a mortuary passport. Ask the funeral company which applies. D.P.R. 10 settembre 1990, n. 285, artt. 8, 9, 27, 29 and 30

Burial and graves

The national rule requires a wooden coffin for burial in the ground, but some comuni allow burial in a cotton shroud alone in their sections for religions that require it (Modena, for example), with a coffin still used for transport. Cemetery plans may include separate sections for other religions, but not every comune has one. An ordinary grave is reopened after ten years; a concession lasts up to 99 years and can be renewed. Ask your comune. D.P.R. 285/1990, artt. 74, 82, 92 and 100; Comune di Modena, Regolamento comunale di polizia mortuaria, artt. 8 and 10

The estate and the succession return

Italian law reserves shares to the husband or wife and children: with a spouse and one child, a third each; with more children, half to the children and a quarter to the spouse. Ask a notary whether and how the estate can be divided by the Islamic shares. The succession return is due to the tax agency within 12 months of the death. Codice civile, artt. 536 to 542; Agenzia delle Entrate, Dichiarazione di successione

Small estates

No succession return is needed if the estate goes to the husband or wife and relatives in the direct line, is worth no more than €100,000 and includes no buildings or land and no rights over them. The heirs then tell the bank or post office that they are exempt. If in doubt, ask the tax agency or a notary. Agenzia delle Entrate; D.Lgs. 346/1990, art. 28, comma 7

Help with funeral costs

Whoever pays for a funeral can deduct from their income tax 19% of up to €1,550 of funeral costs for each death, whether or not they were related. Pay by a traceable method, such as a bank transfer, and keep the invoice. We have not found a general state funeral grant. Agenzia delle Entrate, Altre detrazioni e deduzioni 2026: Spese funebri (TUIR art. 15, comma 1, lett. d)

From official sources, checked October 2026. Laws change; your funeral company and a notary can confirm them.

Where you are

Italy has one national regulation on deaths and burial and one Civil Code for estates, and this guide describes that national framework. Regions and comuni (municipalities) add their own funeral and cemetery rules, for example on Muslim sections and burial in a shroud, so ask the funeral company or your comune.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 4

   A doctor has to confirm the death. A doctor appointed by the local health service, or in hospital by the medical director (medico necroscopo), then checks the death before burial can be allowed.

   • In a hospital or care home, ask the staff to confirm the death
   • At home, call the family doctor; in an emergency call 112
   • If the death was violent or suspicious, call 112
   • Tell the staff early that the family needs a quick burial for religious reasons
2. and

   Close the eyes, cover the body, make duʿā

   In the first hour · at the same time as the step above · 0 of 4

   Gently and without hurry. Those present can do this while the calls are made.

   • Close the eyes and the mouth
   • Straighten the arms and legs
   • Cover the body with a clean sheet
   • Pray for them, and say only good
3. 2

   Call the mosque’s funeral service

   In the first few hours · 0 of 3

   Many mosques and Islamic centres help with the washing, the shroud, the prayer and the burial, and know which funeral company (impresa di onoranze funebri) to use and which cemetery has a Muslim section.

   • Call the mosque’s funeral service or the imam
   • Tell them where the body is and who the next of kin is
   • Agree a time for the ghusl and the janazah prayer
4. 3

   Ask whether the prosecutor is involvedPaperwork

   If the death was sudden or violent · 0 of 3

   If a crime is suspected, the public prosecutor (procuratore della Repubblica) establishes the cause of death and may order an autopsy. There can be no burial without the prosecutor’s order.

   • Ask the police or the hospital whether the prosecutor has been told
   • Ask the prosecutor’s office, early and in writing, to release the body quickly for religious reasons
   • The funeral company will need the prosecutor’s order before the burial
5. 4

   Declare the death to the comunePaperwork

   Within 24 hours · 0 of 3

   The death must be declared within 24 hours to the civil registrar (ufficiale dello stato civile) of the comune where it happened. A relative, someone who lived with the deceased, or their delegate declares it; in practice the funeral company does it for you. A hospital or care home sends notice itself.

   • Let the funeral company declare the death with your authority, or do it yourself
   • If the death was in a hospital or care home, ask the staff to confirm they have sent the notice
   • The registrar then gives the burial permit, free of charge
6. 5

   Choose the funeral company and the gravePaperwork

   Within the first day · 0 of 3

   The funeral company collects the body, provides the coffin and handles most of the paperwork. The national rule requires a wooden coffin for burial in the ground, but some comuni allow burial in the shroud in their Muslim section.

   • Ask the funeral company for a written quote before you agree
   • Ask in advance whether the mosque’s team or the family may wash the body at the funeral home
   • Ask the comune which cemetery has a Muslim section, and whether burial in the shroud is allowed there
7. and

   Wash and shroud the body

   Within the first day · at the same time as the step above · 0 of 2

   Done by trained Muslims of the same sex, or by the spouse. The funeral service usually provides the cloth.

   • Confirm who will wash
   • Confirm the kafan is ready

   How the washing and shroud are done

8. 6

   The janazah prayer and the burial

   As soon as possible · 0 of 4

   The prayer is often held after one of the daily prayers, and the burial follows straight after.

   • Tell family and community the time of the prayer
   • Confirm the grave in a Muslim section or Muslim cemetery
   • Plan the burial for at least 24 hours after the death
   • Ask the comune whether its Muslim section needs a letter from the imam or the community

   How to pray the janazah prayer

9. and

   If the burial will be abroadPaperwork

   Before the coffin is closed · at the same time as the step above · 0 of 3

   Some families bury their dead in another country. Ask the funeral company to handle the paperwork with the prefecture (prefettura). The estate usually pays, or the family if there is no money in it. Ask the funeral company what it costs and who signs before you agree.

   • Tell the funeral company early that the burial will be abroad
   • Call the consulate of the country early: outside the Berlin agreement it must give its consent first
   • Check any repatriation insurance or funeral plan
10. 7

    Get death certificatesPaperwork

    In the first week · 0 of 2

    Banks, insurers, the pension office and the notary may ask for a death certificate (certificato di morte) or an extract of the death record. Ask each what proof it needs.

    • Ask the civil registry office (ufficio di stato civile) of the comune where the death happened
    • Or ask the funeral company to obtain copies
11. 8

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 4

    The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.

    • Pay the funeral costs from the estate
    • Pay by bank transfer or card and keep the invoice
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
12. and

    Find the willPaperwork

    In the first weeks · at the same time as the step above · 0 of 2

    A will may be handwritten and kept at home, or made before a notary (notaio). Find out early whether there is one.

    • Check papers at home, email, and with any notary
    • Secure the house and car, and keep the phone line active for sign-in codes
13. 9

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    Italian law reserves a share of the estate to the husband or wife and the children. Ask a notary early whether and how the estate can be divided by the Islamic shares.

    • File the succession return (dichiarazione di successione) with the tax agency, unless exempt
    • Close accounts and cancel subscriptions
    • Pay any bequest, up to one third, to people who are not heirs
    • Divide the rest by the fixed shares

    See how the estate divides

14. 10

    Look after the family

    Four months and ten days · 0 of 3

    A woman keeps the prescribed mourning (iḥdād: setting aside adornment and perfume) for no more than three days for any death, except for her husband: then four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.

    • Bring food and help with the household
    • Help the widow with errands and appointments
    • Make duʿā for the one who has died

    What to say and do when you visit

15. 11

    Write your own Islamic will

    For those left behind · 0 of 4

    Without a valid will, Italian law decides who inherits, not the fixed shares, and sons and daughters inherit equally. An Islamic will in Italy is an ordinary Italian will that directs the estate by the shares, within the part the law leaves free.

    • Write it entirely by hand, date it with the day, month and year, and sign it at the end; or make it before a notary
    • Each spouse makes their own will
    • Leave it with a notary or tell your family where it is
    • Ask a notary how the reserved shares affect the Islamic shares

    Work out the Islamic shares to take to a notary

Settling things after the funeral? Keep track of every task, and who is doing it. Sharing the steps with family? Make a family checklist you send as a link.

General guidance, not a fatwa or legal advice. Italy has a national mortuary regulation, but regions and comuni add their own funeral and cemetery rules, so Muslim sections and burial in a shroud differ from one comune to another; your funeral company and a notary can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us