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Claiming the succession in a mortgage loan

Publication: 04/05/2022

Upon death of the beneficiary, the ownership of the loan agreement can be taken over in specific cases.

The loan succession claim can be submitted by the surviving spouse or, in the absence thereof, by the children if members of the family unit as identified by the Reference Regulation (the term Regulation refers to that in force at the time the claim for mortgage by the beneficiary).

The children, if minors, can obtain the succession of the loan, under the guardianship of the person designated by the judge.

In the event of the death of the borrower, the sole holder of an INPS mortgage loan, during the amortisation period, is allowed subject to claim to forward online, the loan succession to the spouse or children if they are members of the family unit, as identified by the relevant regulations.

If the property is inherited by different parties, the amortisation is interrupted on the date of the death of the loan holder and the inheritors of the property will pay off the loan in full immediately.

The succession claim can be submitted by the spouse of the borrower or, in the absence of the spouse, by the children of the borrower or, in the presence of only minor children, by the guardian, by accessing the reserved area of the INPS site through the dedicated service.

The legal guardian who submits the claim must log in using his/her login details and enter the details of the legal appointment order. The loan will then be transferred to the guardian.

At the end of the preliminary investigation of the claim by the provincial offices, the loan will be registered to the surviving spouse or the children. The children must be part of the family unit, as identified by the relevant regulations. The new holder may not be a member of the Unified Scheme of Credit Benefits Fund (Fondo della Gestione Unitaria delle Prestazioni Creditizie).

If the claim is rejected, a communication is sent to the interested parties.

INPS provides a Guide for preparation of the succession claim in question (pdf 3.8Mb).