Argentina Probate Estate Attorney Fees
The amount of professional fees to be paid is key when deciding whether to open a succession or not; therefore, we will address this issue separately so as to clear all possible doubts about it.
At Kier Joffe we have a wide range of payment terms available to clients so that they may easily pay our professional fees for the service provided.
Moreover, as we handle succession proceedings exclusively, we study each case thoroughly and offer clients the best terms of payment possible.
Professional fees are charged for the professional work performed by the attorney handling the case, and they do not include the expenses that may be incurred as a result of initiating the succession proceedings in court, such as the publication of estate notices, the obtainment of any missing birth or death certificate, or the delivery of chain of title reports.
Kier Joffe abides by the legislation in force setting the percentage range for counsel’s fees that may be fixed in the City of Buenos Aires. Such range goes from 11% to 20 % of the actual value of assets, which is reduced by 25% as provided for by the Attorney’s Fees and Rates Law. On the other hand, such percentage in the Province of Buenos Aires, ranges from 7% to 25% of the tax valuation (which is usually close to the actual value) or actual value of the assets to be transferred.
In our experience, it is always convenient to reach an agreement with the attorney as to the amount of fees and terms of payment, as judicially determined fees may be much higher than those that could have been agreed in a Fees Arrangement.
Generally, Kier Joffe’s professional fees range from 10% to 15% of the actual value (market value) of the assets to be transferred. The greater the number of assets or assets’ value, the lower the percentage of fee applied.
Our clients may choose to pay in installments until the ruling acknowledging the legal heirs to an intestate succession and its certified copy are issued; or, they may pay the total amount of fees once succession proceedings are concluded.
In certain cases, heirs decide to sell real property following the “fast-tracking purchase” system once the ruling acknowledging legal heirs is issued. The proceeds of such sale are then used to pay professional fees.
It is to note that if no fees arrangement is signed, the attorney may request the court to fix the corresponding amount of professional fees, which may end up being much higher than those that might have been agreed with the client.
Each case is special and particular, that is why we are always willing to discuss each case individually so as to agree on the best payment terms possible. We seek to be a solution, not a hurdle, in the difficult circumstances you are facing.