Probate lawyers play a significant role in the process of estate settlement and estate planning in Argentina. If you are interested in using one of the many probate lawyer Argentina solutions, it is the best idea to get familiar with their work first.
To start with, you should know that the completion of succession proceedings in Buenos Aires depends on a few things that are not directly related to the probate attorney you will use. So, in order to speed up the procedure, you will need to gather all the required documentation like real property deeds, birth certificates, vehicle ownership certificates and other important documents. Every experienced probate attorney Buenos Aires office will confirm that the time needed for this procedure to be finished depends on the court where this succession will be settled. Provincial Civil and Commercial Courts are different than City Civil Courts. How long will it take to finish a succession proceeding depends on the number of heirs as well as their engagement and commitment. In addition, the presence of conflicts between heirs can delay the proceeding. Generally speaking, the entire procedure should be finished in five to six months.
Another thing that you should take into consideration is that there are two basic types of succession – testamentary succession and intestate succession and you will need a good probate lawyer Argentina option to help you in both cases. Remember that even if a will is included, you will still need a legal proceeding. While we are talking about testamentary succession, it’s also good to know that estate notices are required even in cases like this. Of course, the process of succession comes with certain expenses and they are usually linked to the current stage of the proceeding. Court fees, issuance of certificates, lex provisional, succession notices – these are some of the expenses involved in this process. Despite their number, this process is usually inexpensive.
Wills are common legal documents in Argentina. The most popular ones are notarial and holographic wills. They can be prepared by experienced probate attorney Buenos Aires offices. It’s also good to point out that these wills can be revoked at any time. Obviously, the last will is the one that counts.
When doing research about succession proceedings in Buenos Aires, you will probably notice the term legitime. This is a term used to describe the part of estate that the testator may not dispose of even in case they want to because it is reserved for forced heirs by law. Namely, the children have the right to inherit 4/5 of the estate, parents 2/3 and the spouse inherits ½. Of course, this doesn’t mean that they have to stick to this percentage, but it definitely represents the part of the estate that can’t be excluded from the will. The rest of it can be disposed to other people.
Succession proceedings are not unnecessary in the case when the decedent’s real estate is sold after a fast tracking purchase process. In other words, succession proceedings must be completed in any case. On the other hand, in the case by the time the succession is finished, the heirs have decided to sell their assets, the decision acknowledging the legal heirs to an intestate succession must be registered by fast tracking.
Succession proceedings in Buenos Aires and in Argentina, in general, can be quite complex and difficult. This is the reason why people need experienced and knowledgeable probate lawyer Argentina options.