Simplification bill

Halved deadlines for declarations of absence and presumed death

The bill passed by the Senate requires one year for absence and five for presumed death. The House's OK is awaited

by Angelo Busani

14 November 2025

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2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

More up-to-date rules for declarations of absence and presumed death. This is the aim of the simplification bill approved by the Senate last 8 October (as Ddl S-1184) and now being examined by the House (where it is codified as Ddl C-2655).

Article 38 of the Bill provides that:

absence may be declared once one year (instead of the current two-year period) has elapsed since the date on which the missing person was last known.
Presumed death may be declared once five years (instead of the current ten-year period) have elapsed since the date on which the absent person was last known to be alive.

The new rules evidently find their rationale in the consideration that the Civil Code was enacted in 1942, i.e. at a time when, compared to today, the circulation of information and the systems oftracing people were drastically different.

Donazioni e successione: come pianificare i patrimoni

L’assenza

Absence is the situation by which thedisappearance of a person is formalised, i.e. the fact that there is no longer any news of a person. When a disappearance is reported, the court may appoint a curator to represent the disappeared person and may take other measures necessary for the preservation of his or her estate.

Two years (and, under the new rule, one year) after the day to which the last news dates, the presumed legal successors of the deceased may apply to the court to have his absence declared, with the effect that

a possiblewill is opened;
those who would be testamentary or legitimate heirs may apply (after drawing up an inventory) for temporary possession of the absentee's property;
the absentee's spouse (who obviously cannot remarry) may obtain maintenance from the absentee's assets.

The assumed property of the absentee may not be disposed of except by reason of necessity or obvious utility recognised by the court, which shall decide on the use and appropriation of the sums derived from the sale. If the absentee returns, he shall be returned to him his assets in the state in which they are at the time when his return is ascertained.

The presumed death

If 10 years (under the new rule, five years) have elapsed since the day on which the absentee (who was born at least 27 years ago) was last known, the court may issue a judgment declaring the presumed death of the absentee, referring to the day on which the absentee was last known.

It remains that, for the declaration of presumed death, the lapse of two years is sufficient if the disappearance was caused by an 'accident' (a landslide, flood, air disaster, etc.). Shortened periods (of two or three years) are also provided for those who have disappeared in warlike operations or who have been made 'prisoner by the enemy'.

Presumed death has the effect that testamentary or legitimate heirs may freely dispose of the patrimony of the presumed deceased and that the spouse may remarry. If the presumed dead person remarries, he is entitled to his estate in the state in which he is; the marriage celebrated in the meantime by his spouse is declared null and void.

Special cases

The simplification bill that halves the deadlines for declarations of absence and presumed death does not touch the deadlines laid down in Article 60 of the Civil Code for certain special cases. They only concern the declaration of presumed death. If a person's disappearance was caused by an 'accident' (a landslide, flood, air disaster, etc.), presumed death may be declared once two years have elapsed. For those who have disappeared in warlike operations or have been taken 'prisoner by the enemy', it takes two years from the entry into force of the peace treaty. In the absence of the latter, it takes three years from the end of the year in which hostilities ceased.