ARGENTINA INHERITANCEBy Noro Villagra Legal Advisors
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Probate and succession proceedings in Argentina

In Argentina, heirs obtain legal title to an estate through a court proceeding called a sucesión. We open it, represent you before the court and take it through to registration or sale of the assets.

What an Argentine succession is

Argentina has no out-of-court probate for most estates. Even when the family agrees on everything, a court must recognise who the heirs are before bank accounts can be released or real estate can be registered or sold.

Without a will, the court issues a declaratoria de herederos (declaration of heirs). With a will, the court reviews and approves it. Either document is what banks, registries and notaries will ask for.

Which court is competent

As a general rule, the succession is heard by the court of the deceased's last domicile. When the deceased lived abroad but left real estate in Argentina, Argentine courts are also competent over that property, and Argentine law governs its succession.

For heirs living abroad

You do not need to live in Argentina to be a party. In most cases you act through a power of attorney signed in your country. See Inheritance representation for foreign heirs.

The main stages

  1. Filing. We file the petition with the death certificate and the documents proving each heir's relationship to the deceased.
  2. Notice and reports. The court orders a public notice to call on creditors and other possible heirs, and checks the wills registries.
  3. Declaration of heirs or approval of the will. The court recognises the heirs and their shares.
  4. Inventory and valuation. The assets are listed and valued; this also sets the basis for court fees and taxes.
  5. Registration, partition or sale. Property is registered in the heirs' names, divided among them or sold.

What we handle

  • Strategy on jurisdiction and applicable law when the family or the assets are in more than one country.
  • Drafting and filing all court submissions and following the file daily.
  • Obtaining Argentine certificates and registry reports.
  • Coordinating notaries, certified translators and accountants.
  • Reporting to you in English at each stage.

Main references: Argentine Civil and Commercial Code (CCCN), arts. 2335 ff. (succession proceedings), art. 2336 (jurisdiction), arts. 2643–2644 (international succession). To be verified before publication.

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