When a person dies, their assets — the home, bank accounts, car, investments — do not automatically pass to the heirs. A court proceeding called a succession is required so that the judiciary recognises who the heirs are and authorises them to deal with those assets. Without a succession proceeding, the heirs cannot sell the property, withdraw money from the bank, transfer the car, or collect what the deceased left behind.
The succession process is regulated by arts. 2277 to 2531 of the Civil and Commercial Code. If the heirs are in agreement and the documentation is in order, the succession can be completed in a matter of months. When there are disputes, debts, assets abroad, or contested wills, the process becomes technical and demands strong professional representation.
When the deceased did not leave a will, the inheritance is distributed according to the order of succession established by law: first descendants, then ascendants, then the surviving spouse, and finally collateral relatives up to the fourth degree. Legal basis: arts. 2424 to 2440 of the Civil and Commercial Code.
When the deceased left a will — holographic, notarial, or another valid form — the succession respects their wishes within the limits of the forced heirship share (the portion reserved for children, parents, and spouse: arts. 2444 to 2461 of the Civil and Commercial Code). We process testate successions and also contest defective wills.
A court order that formally recognises who the heirs of the deceased are. Without a declaration of heirs there is no succession: with it, the heirs are authorised to register assets in their names and deal with them.
Once the declaration of heirs has been issued, real property is registered in the names of the heirs at the relevant Real Property Registry (Buenos Aires City, Province, or another jurisdiction). The same applies to vehicles, vessels, trademarks, and all other registrable assets.
When the deceased had assets in other countries — an apartment in Spain, accounts in the United States, investments in Uruguay — the Argentine succession must be coordinated with the foreign succession proceedings. We handle international letters rogatory, exequatur of foreign judgments, and multiple successions (arts. 2643 to 2648 of the Civil and Commercial Code).
An heir may sell or gift their share of the inheritance to another heir or a third party before the partition. The transaction is formalised by public deed. We advise on the advisability and drafting of the agreement.
When the inheritance has more debts than assets, the heir may renounce it and thereby avoid being liable for the deceased's debts with their own property. The renunciation is made by public deed or before the court (arts. 2287 to 2301 of the Civil and Commercial Code).
When heirs cannot reach an agreement, the court orders judicial partition: the assets are valued, shares are formed, and they are distributed. We assist in prior negotiation and in litigation when it is unavoidable.
Argentine law protects the forced heirship share: the portion of the inheritance that the law mandatorily reserves for certain relatives. It cannot be reduced by a will or by gifts. The forced shares are: children (2/3 of the inheritance), further descendants (in the same proportion), parents (1/2), and spouse (1/2). If the deceased's dispositions exceed the freely disposable portion, the forced heirs may bring a reduction action to restore their share (arts. 2453 to 2461 of the Civil and Commercial Code).
When someone possesses the deceased's assets without being an heir — or denies the rights of a legitimate heir — the law allows an action for delivery of inheritance to be brought (arts. 2310 to 2315 of the Civil and Commercial Code). It is a real action, not subject to a statute of limitations as long as the inheritance right subsists, and it allows the inheritance to be recovered from unlawful possessors.
An increasingly common issue: social media accounts, cryptocurrencies, digital files, access to online services. Argentine law does not yet have comprehensive specific regulation, but general principles apply: accounts with economic value (cryptocurrencies, tokens, investments) form part of the estate; personal accounts (social media, email) raise issues of privacy and each platform's policies. We advise on advance planning (digital will, security keys, instructions to heirs) and on subsequent liquidation.