Argentine heirs obtain title through a court proceeding. The court of the deceased's last domicile is usually competent; Argentine courts are also competent over real estate located in Argentina. The process ends with a declaration of heirs (or approval of the will), followed by registration, partition or sale of the assets.
1. Is a court proceeding always necessary?
For practical purposes, yes. Banks, property registries and notaries in Argentina will not act without a court decision recognising the heirs, and real estate always requires the succession.
2. Where the succession is filed
The general rule is the court of the deceased's last domicile. If the deceased lived abroad, Argentine courts are still competent over real estate located in Argentina, and Argentine law governs the succession of that property.
3. Intestate and testate successions
Without a will, the law decides who inherits: descendants and the surviving spouse first; if there are no descendants, ascendants and the spouse; then the spouse alone; then collateral relatives up to the fourth degree. With a will, the testator's wishes apply within the limits of forced heirship.
4. The stages
- Filing the petition with the death certificate and proof of family relationships.
- Public notice to creditors and possible heirs, and reports from the wills registries.
- Declaration of heirs, or review and approval of the will.
- Inventory and valuation of the assets.
- Registration in the heirs' names, partition, or sale.
5. How long it takes
Timing depends on the court, the completeness of the documents and whether the heirs agree. An uncontested succession with documents in order usually reaches the declaration of heirs within several months; registration or sale adds further time. Foreign documents, missing heirs or disputes extend it.
6. What it costs
The costs include a court fee calculated on the value of the estate, publication and registry fees, certificates, translations and apostilles where applicable, and professional fees. In the City and the Province of Buenos Aires, lawyers' fees are governed by fee statutes based on the value of the estate. Argentina has no national inheritance tax, although the Province of Buenos Aires taxes free transfers of property.
7. Heirs who live abroad
A foreign heir can take part through a power of attorney, without travelling in most cases. See our guide to powers of attorney for heirs abroad.
References: CCCN arts. 2335 ff., 2336, 2424 ff. (intestate succession), 2643–2644; Law 27.423 (lawyers' fees, national courts); Law 14.967 (lawyers' fees, Province of Buenos Aires); Province of Buenos Aires Law 14.044 (tax on free transfers of property). To be verified before publication.
This guide is general information about Argentine law and is not legal advice for any specific case.