Guidance

Italy bereavement: death abroad

Updated 18 October 2024

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

Introduction

When a relative or friend dies abroad, the different procedures, laws or language of the other country can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 5000.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

When someone dies in Italy and the next of kin is in the UK or abroad, Italian authorities normally notify the British Consulate in the area where the person has died. British Consulates will do whatever they can to trace the next of kin as soon as possible and would ask the UK police to pass on the sad news. However, you might also be notified about the death directly by someone else, for example a doctor, a social worker, or a police officer abroad.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

In Italy the order of priority for next of kin is spouse, children (or their legal guardian if they are minors), parents, adult siblings up until the sixth grade of relationship. In cases where several family members are entitled to make a decision, the Italian law requires that the majority of them (50% plus one) give consent on any aspect of the arrangements. In cases where family members do not reach an agreement, they should seek legal advice.

Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

In Italy, Consular officers will do their best to keep families informed of any developments. However, access to official information concerning a death is restricted until a pathologist has reviewed the evidence such as post-mortem and police reports (if applicable). The Italian authorities will usually not provide this information directly to next of kin, or to third parties, including our Consulates, until after the conclusion of the preliminary investigation into the cause of death.

The Consulate can advise you on how to make requests for post-mortem and police reports. If you have a lawyer, they should be able to assist you in obtaining these. The release of any information can take many months, and in some more complicated instances, years. The documents will be issued in Italian. The British Consulate is not able to provide translations. You can find our list of translators and interpreters in Italy. When an inquest in Italy has been opened, the local authorities will normally not release any related reports before the conclusion of the preliminary investigation.

Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They will usually appoint a funeral director on your behalf or they may have a list of approved funeral directors to help you make arrangements, and / or be able to cover some or all of the costs. If the insurance company is to cover any costs, then they will need to approve the appointment of any funeral director.

In Italy, be aware that you may be put under pressure by local funeral agents, hospitals, or police to appoint funeral services at short notice. Do not feel pressurised to do so until you can make an informed decision.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

If a person dies in hospital, the hospital may also require details of a GHIC or EHIC card to cover medical fees prior to death.  If the person who died did not have a GHIC or EHIC card, but was entitled to one, the NOK can apply for a Provisional Replacement Certificate (PRC) for the time spent in hospital.

You can apply for a PRC online at this link or you can contact the Overseas Healthcare Team.

Telephone: 0191 218 1999

Telephone from outside UK: +44 191 218 1999

Monday to Friday, 8am to 6pm

Appointing a funeral director

If you decide to hold a funeral or cremation in Italy, you can find a list of local funeral directors in Italy

If you decide to bring the person who died to the UK for the funeral or cremation, you can either appoint a funeral director in Italy and one in the UK or you may appoint an international funeral director in the UK, who will then liaise with their own trusted local funeral agent in Italy.

The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK

Once contacted, Italian funeral directors will require formal appointment by next of kin, usually in the form of a signed letter.

Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. In Italy a death is registered at the town hall (Comune) in the locality in which it occurred. In Italy there is no central registry corresponding to the General Registry Office in the UK.

If the death occurred in hospital, the registration will be carried out automatically by the hospital. Alternatively, the death can be registered by a relative, by the local undertaker, or by any other person who has been informed of the death, upon presentation of the doctor’s certificate stating the cause of death. You will usually need to produce your own identity documents and those of the person who has died (e.g. passport).

The Italian death certificate issued by the Comune will not show the cause of death. The cause of death will only appear on the ISTAT certificate, issued by the local health authority (ASL) for statistical purposes. Your local undertaker will be able to advise you on how to obtain a copy of this. The death must normally be registered within 24 hours but there are also provisions for late registrations.

Please note that, although the death is always registered with the Italian Comune, a death certificate is not issued automatically. Next of kin can request copies of the death certificate directly from the Comune or through the local funeral director.  If the person who died is being repatriated to the UK, local undertakers will normally order copies of the death certificate and have them accompany the remains. However, we strongly advise requesting copies of the death certificate when discussing repatriation arrangements with the international or the local undertaker.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation. The British Embassy in Italy produces a list of translators in Italy but is not able to offer translation services itself.

In Italy it is usually possible to obtain a multi-lingual death certificate from the town hall, which can be used in the UK without a translation. You can apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. If you wish to do this, you can find more information on registering a death and apply online.

Post-mortem examinations (autopsies)

Post-mortems are normally performed when the death is not by natural causes and the cause of death cannot be determined with an external examination. A doctor in a state hospital may also request a post-mortem for a death by natural causes when the cause of death is unclear. Families are not normally charged for post-mortem examinations, which are normally carried out within a few days.

In some cases, it may be necessary to have a further autopsy in the UK even though one has been carried out overseas. When repatriation is planned to England or Wales, it is probable that the Coroner will wish to hold an inquest. The decision to hold a post-mortem is entirely taken by the Coroner. They will often take into account the next of kin’s views but the Coroner’s decision is final.

Post-mortems in Italy are carried out by forensic doctors / pathologists appointed by the hospital or by the court. During a post-mortem, small tissue samples and organs may be removed and retained for testing, including toxicological studies, at the discretion of the doctor, without consent of next of kin. This is done in order to better understand the cause of death and to evaluate any disease or injury that might be present. The person who died can be buried or cremated in Italy or returned to the UK before tests on removed organs are completed. Any organs removed are retained for the duration of the tests; they are then put in storage for a period of time and are likely to be disposed of. Next of kin may be informed of retained organs by the local funeral director or local pathologist though this does not happen in all cases.

The next of kin may request the return of any removed organs via the offices of the UK Coroner, by contacting the local Consulate directly or by instructing their legal advisor in Italy if they have one.  The funeral director will be able to organise the repatriation of the organs.

The Foreign, Commonwealth & Development Office is not able to meet the costs of the repatriation of organs for families. It is worth contacting the insurance company if the person who died had insurance, as they may be able to assist. If the family wish to proceed with repatriation of organs, then the request can be forwarded to the appropriate Consulate for action. The Consulate will make a formal request to the relevant Italian Court or the hospital asking, on behalf of the family, for the return of the missing organs. Once the Forensic Laboratory has completed its tests and the Consulate is notified by the Court that the organs are available for collection, the Consulate will inform the family advising them to instruct their Funeral Director to collect the organs and arrange for their repatriation or local disposal in accordance with the family’s wishes.

If the family decide against repatriation, burial, or cremation the organs will eventually be disposed of by the Forensic Laboratory.

If the request for the return of the organs is made through the family’s local Italian lawyer much of the same procedures will apply but it is the lawyer who will make the formal approach to the Court and the Consulate would have no legal authority to get involved with the Court.

Organ donation

The donation of organs in Italy is overseen by the Centro Nazionale Trapianti (National Transplant Centre) which coordinates regional and local offices.

According to Italian law a person can become a donor by:

• registering a willingness to become a donor prior to death, in which case the next of kin cannot oppose this decision. Information on how to register as a donor is available on the website of the Centro Nazionale Trapianti
• the next of kin authorising the transplant if the deceased person did not explicitly deny consent to transplant

New legislation in Italy in 2019 states that organs may be removed for donation unless the deceased explicitly registered their refusal before death and unless spouse or children actively oppose the removal. If the deceased was not registered as a resident with the town hall before their death, the hospital should seek the consent of the next of kin before removing organs for donation.

Mortuary facilities

Mortuary facilities are generally of a good standard in Italy, though this can vary depending on the area of Italy where the person has died. Cold storage facilities are generally available, though sometimes not in more remote areas of Italy. Mortuaries are usually attached to local hospitals, and there are also dedicated state mortuary facilities in larger towns.

It is not normally necessary for the deceased to be identified by the next of kin in Italy – they can be identified by someone who knew the deceased when they were alive. Identification may also be carried out by means of documentation such as a passport or driving licence or by fingerprints. However, when an inquest is opened, the relevant magistrate may request an identification in person by a family member or known associate. In the case of doubt as to the identification of the deceased, a Judge may order DNA testing and/or request information from police channels from abroad. This process could take several months.

Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, local cremation, or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available and the costs, and help you make arrangements.

Under Italian law, 24 hours must pass from the time of death before the body can be prepared for burial or repatriation. In certain circumstances immediate burial or repatriation may not always be possible. For example, a post-mortem might be performed to ascertain the cause of death.  In the case of death under unusual or suspicious circumstances, an authorisation from the Court will also be required before the family can proceed with burial, cremation or repatriation.

Local burial

If you choose to proceed with a local burial, you will need to instruct a local funeral director. A religious ceremony can normally be organised by the funeral director/undertaker. Please note that humanist funerals are not common in Italy but can be arranged via your local undertaker or by contacting UAAR, the Italian Humanist Society.

In Italy ‘burial’ often means an above-ground niche (tumulazione). Rights to this are normally held for 20 to 30 years, unless specifically purchased in perpetuity, depending on the regulation of the city council. Rights to burial beneath the ground (inumazione) are normally held for 10 years. After this time, the city council will inform you about the date of the exhumation so that you can be present if you wish to. You can then decide to pay for a private ossuary otherwise the remains will be kept in a common one, at no extra cost.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

Local cremation

Cremation has become common practice in Italy in recent years. Cremation procedures can vary depending on the local council regulations and their application. If you are thinking of arranging a local cremation, please take advice from your local funeral director/undertaker. Crematoriums are not located in every region therefore there might be longer waiting times depending on the area where the death occurred.

Please note that most crematoriums in Italy don’t have facilities to host a funeral service of any description. The service will need to take place either in Italy (in a church or other location) before the cremation or in the UK after the ashes have been repatriated. Therefore, if you wish for a funeral service to be carried out prior to repatriation of the ashes, you should make specific arrangements with your funeral director.

Normally the repatriation of the ashes will be arranged by your funeral director - for more information about the repatriation requirements please refer to the Repatriation section below. If you wish to transport the ashes to the UK in person you can do so  and you will need to obtain prior authorisation from the town hall. We advise to check in advance with the airline about specific airline restrictions.

If you live in Italy, you may be able to keep the ashes of your loved one at home or scatter them. However, please be aware that this is not always possible as it depends on your local council regulations, and you will need to obtain prior authorisation from the town hall.

In Italy the authorisation for cremation is given by the local Registrar (Ufficiale di Stato Civile) who acts on behalf of the local Mayor. The authorisation for cremation can be issued upon production of a medical certificate stating that the death did not occur under suspicious circumstances and there is no objection to the cremation. In cases of unexpected or sudden deaths that have been subject to an investigation, the authorisation must be granted by the Court. The local Registrar will also need to be satisfied that it was the will of the deceased, and not of the family, to be cremated. In order to satisfy this requirement, the Registrar will accept either the deceased’s signed last will or a statutory declaration from the next of kin signed in front of the local Registrar.

In some cases, where the next of kin do not speak Italian, the local Registrar will request that a bilingual statutory declaration be made in front of a notary. If the next of kin lives abroad, the local Registrar may require that the bilingual statutory declaration is signed in front of a Public Notary in the next of kin’s country of residence, and then legalised. A list of Public Notaries that can work in the Italian language is normally available on the website of the Italian Consulate of the country where you are. Your funeral director or your nearest consulate can provide a template of the bilingual statutory declaration.

Because cremation is authorised by the local mayor, the British Embassy does not issue any authorisation certificate for cremation. The British Embassy have produced a cremation letter in both English and Italian, which families may find helpful when dealing with the local authorities.

If a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

If a family is unable to pay for funeral arrangements in Italy and all funding avenues have been explored, then a pauper’s funeral (public health funeral) is arranged by the local council.

Repatriation

The majority of undertakers in Italy are equipped to carry out repatriation procedures and will provide full information about the process. Although the undertaker cannot begin preparing the body for the first 24 hours, the agent can provide guidance and can organise the necessary Italian documents. If you decide to transfer the remains back to the UK, the British Embassy have produced a letter about the transfer of remains.

You’ll need a transfer of remains certificate (Nulla Osta) for Italian authorities to give permission for the body or ashes to be transferred to the UK. Your local funeral agency will need to complete it. Once it’s issued, a copy needs to be sent by email to the British Embassy in Rome ([email protected]), as required by local authorities.

Local formalities for repatriation normally take between 3 to 10 days to complete. For repatriation abroad, Italian law requires a basic preservative treatment of the remains. Embalming, which is a more complicated procedure, is optional and more expensive. In the case of a sudden death, when a UK coroner might request an autopsy in the UK, embalming might hinder some of the autopsy results.

Some UK coroners may request that a physical identification of the person who has died be done upon their repatriation to the UK, however others are satisfied for the funeral director handling the funeral arrangements in the UK to confirm the identity via the passport.

Donation of bodies to medical science

In Italy it is possible to donate your body to medical science after your death. To find out more you need to contact the Italian Ministry of Health. Written consent must be given prior to death.

Return of personal belongings

Personal belongings found on the deceased at the time of death are either handed over to the family if they are present or taken by the police to be handed over to the Court. If the next of kin chooses repatriation, it is advisable to instruct the local undertaker to ship personal belongings together with the deceased, or to collect them in advance.

If there is an investigation, the deceased’s clothing and belongings can be retained as evidence and are not returned until the court case is finished.

The British Embassy or Consulate cannot take responsibility for the personal belongings of the person who died.

Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide about what to do when someone dies.

British passport cancellation

To avoid identity fraud, you should cancel the passport of the person who died as soon as possible. You will need to complete a ‘D1 form’.

If you wish to repatriate the person who died to the UK, you may need their passport details to do this.

Child deaths

Stillbirth in Italy is defined as the birth of a baby who has died at any time from 28 weeks into the pregnancy. If a baby is stillborn after the 28th week of pregnancy, this must be registered at the registry office (Ufficio Anagrafe), following which burial can take place. If, however, a baby dies after being born alive, it is mandatory to register first the birth and then the death.

No procedure is necessary for the death of a baby before the 28th week of pregnancy, although it is possible to request burial through the ASL (local health authority). This must be done within 24 hours, and any hospital should be able to advise on the procedure to follow.

There are no specific or separate procedures in Italy following the death of a child and an investigation is carried out on the same basis as for the death of an adult.

Deaths in road traffic accidents

Police in Italy will hold an investigation into any road death. There are no separate procedures for deaths involving road traffic accidents.

Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter, a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to a specialised organisation. You can find more about how the FCDO can help with murder and manslaughter abroad.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK coroners and inquests below.

If a death is regarded as suspicious, the police in Italy will investigate in full on behalf of a magistrate. We strongly advise next of kin to appoint legal representation in order to be kept fully informed on the investigation and to be advised on steps to take. Investigations and judicial cases in Italy can take many months and, in some cases, years.

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by HM Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, or violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Procurators fiscal and coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on coroners and the procurators fiscal in the FCDO guide on death abroad

Legal Aid

Anyone resident in the UK seeking help to pursue a criminal case should appoint a lawyer in Italy. Legal aid (patrocinio gratuito) may be available in criminal cases. The embassy’s list of English-speaking lawyers details those which offer Legal Aid. You may submit a request to the judge to authorise the State to pay for your lawyer, but only if you can prove earnings of less than € 12,838.01 per year. It is a complicated procedure and therefore you should consult your lawyer in the first instance. You will be expected to provide documentation as proof of your financial circumstances.

Compensation

Victims of intentional violent crime in Italy may be eligible for compensation from the State, once all other avenues for compensation have been explored, for example via a civil case through the Courts. You should seek legal advice on how and when to proceed with an application.

You can find information on UK compensation for victims of terrorism overseas.

Translation and interpretation

The official language of Italy is Italian; English is not widely spoken in all areas of Italy.

The authorities will usually provide some level of interpretation for communication to non-Italian nationals following a death. They will not usually provide translations into English of documentation. You can find the British Embassy’s list of translators and interpreters in Italy.

Additional support

Bereaved children

Bereaved children can be particularly vulnerable and may require additional support from the adults and authorities with whom they are in contact. This is particularly relevant if the child is exposed to the sudden death of a primary carer, sibling, or close relative while overseas and away from their usual social context and friends.

There are no typical symptoms of grief in children, as every individual deals with loss differently. They may cry, get angry, be quiet, be noisy, talk about the person who died, not talk about them, and play or behave as though nothing has happened. They may suddenly switch from one reaction to another. All these reactions and many more are normal responses in sudden bereavement.

When the death of a relative occurs abroad, urgent administrative procedures may require the attention of the surviving adults, and can lead to children’s needs being overlooked. Like adults, children affected by sudden death need loving support and information. It is often better to tell children things through honest discussion and involve them in decision-making, rather than keep them in the dark and leave them excluded in an effort to protect them from the truth.

Parents, relatives, or other adults with caring responsibilities may find it helpful to seek advice from specialist organisations in country or in the UK, in the days immediately after a bereavement. Consular staff can help them to do this where appropriate.

Organisations that can advise on how to support bereaved children are listed below. Some have factsheets on their website and can provide guidance to adults caring for a child whose relative has died. You could draw from Brake’s guide to supporting people after sudden death, Caring for bereaved children in the early days and weeks or Child Bereavement UK’s Supporting bereaved children and young people.

If a child is required to provide a witness statement as part of an investigation into a death, the child may benefit from psychological support and a child-friendly and protected room for any hearing. Consular staff can support you to explore local options.

Local support organisations for children in the UK

Brake 

Cruse Bereavement care 

Child Bereavement 

Childhood Bereavement Network 

Childline Grief Encounters 

Hope again Sibling Support 

Winston’s wish

Local support organisations for children in Italy

 Telefono Azurro

Libellule nel cuore

You can also find a list of English speaking doctors in Italy

 Support organisations in the UK

In the UK, there are many organisations that can help bereaved people and families. Some of these are listed in the guide coping with death abroad

Support organisations in Italy

Samaritans [http://www.samaritansonlus.org/]

Associazione Familiari e Vittime della Strada

Annex:

List of local funeral directors in Italy

List of English-speaking lawyers