Successions in Argentina

Find out how and where to initiate a succession in Argentina...

A succession is initiated when inheritors or accreditors have interest in transferring, selling, registering in their names, or collecting debts left by the deceased. The outcome of a succession is usually determined by the testament (will). Before heirs can claim inheritance, a probate procedure determines whether a will is valid or invalid – or if there is no will, who should be inheriting what, depending on whether the deceased has legitimate or forced inheritors.

To initiate a succession, the death certificate, birth- and marriage certificates that prove relation between the invoked and the deceased, must be presented at court. All deeds and titles for any property included in the will must also be presented. One can obtain a deed or title through presenting basic identification information of the deceased before the appropriate property ownership registry.

Where to initiate a succession

The location of the succession procedures is determined by the deceased's place of residence at the time of death, and by who is attempting to initiate the succession. For example, if the deceased lived in the city of La Plata for his or her last years, a civil judge from La Plata, assigned by lottery, will take on the case. All inheritors must sign a document to be presented in said court.

There are three typical stages of a succession.In the first stage, the documentation is presented to the judge and a Declaration of Inheritance is issued and published for three days in the Publication of Edicts. Then, a 30-day period is instated during which anyone can contest the content of the will.

In the second stage, the judge will dictate the Declaration of Inheritance before the inheritors in a court of law. The third stage consists of the registry of the Declaration of Inheritors, or registration of each of the assets that the deceased may have left. Authorisation of a notary is required for this documentation.

Successions in Buenos Aires take an average of three months to complete. In the provinces, however, they usually take a bit longer – an average of six months.

Information supplied by Elias Kier Joffe, Esq. Kier Joffe - Attorneys at Law Bouchard Plaza Building Bouchard 557/599 - 20th floor C1106ABG - Ciudad Autonoma de Buenos Aires, Republica Argentina Tel: (011) 5218-3100 (Argentina)/ +1 (212) 300-6377 (USA) email Website