Argentine law applies to Argentine real estate
Even when the deceased lived abroad and the rest of the estate follows a foreign law, real estate located in Argentina is governed by Argentine succession law. That includes Argentina's forced heirship rules.
What we review first
- The title deed and the property registry report: owner, restrictions, mortgages and attachments.
- Whether the property was the deceased's separate property or community property with a spouse.
- Pending municipal and provincial taxes, building charges and utility debts.
- Occupants, tenants and lease agreements.
- Differences between the title and the actual property, such as unregistered construction.
Registration in the heirs' names
Once the court has declared the heirs or approved the will, the court orders the registration of the property in the heirs' names, in the shares the court recognised. The heirs then hold it in co-ownership until they divide it or sell it.
If the heirs agree to sell, the property can often be sold directly on the basis of the court's decision, without first registering it in the heirs' names. See Sale of inherited property.
Property in more than one province
Each Argentine province has its own property registry and its own rules and taxes. When the estate includes real estate outside Buenos Aires, we coordinate the additional filings with local counsel where needed.
Main references: CCCN art. 2644 (law applicable to immovables located in Argentina); National Real Estate Registry Law 17.801. To be verified before publication.