Kier Joffe · Attorneys at Law · Buenos Aires
Probate & Inheritance in Argentina
Helping foreign heirs, families and property owners navigate Argentine succession proceedings and inherited assets, with legal assistance in English.
How does probate work in Argentina? ↓Since 1940Buenos Aires law firm
International clientsAssistance across borders
English-speaking counselRepresentation in Argentina
Start here
What do you need help with?
Select the situation closest to yours.Property in Argentina
If the deceased owned Argentine real estate, we first review the title, heirs, marital property status and the deceased’s domicile to identify the succession and registration steps.I live abroad
Foreign heirs can often be represented through an appropriately executed Power of Attorney. Foreign documents may require apostille or legalization and Spanish translation.Who inherits?
The answer depends on descendants, ascendants, a surviving spouse, the nature of the property and any valid will. Explore the general guide below.There is a will
An existing will requires review of its validity, applicable law and effect in the succession. Protected heirs and mandatory reserved portions may affect the estate.Costs & fees
Costs depend on the jurisdiction and estate. They may include court charges, professional fees, publications, translations, certificates, registry expenses and notarial work.How long?
Timing depends on the court, documents, heirs, assets and any disputes. We can discuss an estimate after reviewing the facts of your case.The process
How Argentine probate works
-
Case review
We identify the deceased, potential heirs, assets, last domicile, applicable jurisdiction and whether a will exists. -
Documents
Typical documents include death, birth and marriage certificates, identity documents and information concerning Argentine assets. Foreign public documents may require apostille or legalization and Spanish translation. -
Representation in Argentina
When legally appropriate, heirs living abroad can appoint Argentine counsel through a Power of Attorney instead of personally attending each procedural step. -
Court proceeding
The succession proceeding establishes the heirs or gives effect to the will, identifies estate assets and addresses the judicial and registral requirements applicable to the case. -
Partition, registration or sale
Once the necessary succession requirements are satisfied, inherited assets can be partitioned, registered in the heirs’ names or, when legally possible, transferred or sold.
For international heirs
Do I need to travel to Argentina?
Not necessarily. In many succession matters, a foreign heir can be represented in Argentina through an appropriately drafted Power of Attorney.The correct form depends on where the document is signed, the powers required and the court or registries involved. Foreign documents may require apostille or legalization and translation.
Interactive guide
Who may inherit?
A simplified guide to Argentine intestate succession. This is general information, not a determination of your individual case.Protected heirs
Reserved portions (“legítima”)
A will cannot freely dispose of the entire estate when protected heirs exist.Descendants2/3Reserved portion
Ascendants1/2Reserved portion
Spouse1/2Reserved portion
The calculation can be affected by donations, the composition of the estate and the concurrence of protected heirs. Individual advice is required before determining an actual share.
Spouse + children
The distinction between separate property and community property matters.As a general intestate rule, when the deceased leaves descendants, the surviving spouse inherits a share equivalent to that of a child with respect to the deceased’s separate estate. For community property, the surviving spouse first retains the share corresponding to them upon liquidation of the marital community and does not concur with descendants in the deceased spouse’s share of community property.
Documents
What may be required?
- Death certificate
- Birth certificates showing the family relationship
- Marriage certificate, when applicable
- Passports or identity documents
- Information on Argentine real estate
- Vehicle, corporate or bank information
- Existing will, if any
- Power of Attorney, when required
Answers
Frequently asked questions
Who inherits if there is no will?
Argentine intestate succession calls descendants first, together with the surviving spouse when applicable. In the absence of descendants, ascendants may inherit together with the spouse. If there are no descendants or ascendants, the spouse generally excludes collateral relatives. In the absence of those categories, collateral relatives within the legally permitted degree may inherit.Can grandchildren inherit?
Yes. Representation can allow descendants of a predeceased child to take the share that would have corresponded to their parent, subject to the applicable statutory rules.Can I inherit Argentine property while living abroad?
Yes. Foreign residence does not by itself prevent a person from inheriting assets in Argentina. Cross-border cases require review of jurisdiction, applicable law, documentation, tax and registral issues.Do I need an Argentine ID?
Not necessarily merely to establish heirship. Additional Argentine tax or identification registrations may be required for particular transactions, registrations, banking matters or the eventual sale of assets.What happens if there is a foreign will?
A foreign will requires individual review of its form, validity, applicable law, authentication, translation and the Argentine succession rules that may affect assets in Argentina or protected heirs.How long does probate take?
There is no universal duration. Timing depends on the jurisdiction, number of heirs, documentation, assets, cooperation, foreign documents, tax and registration requirements, and whether disputes arise.What does an Argentine succession cost?
Costs vary by jurisdiction and estate. They can include court taxes and charges, professional fees, publications, certificates, translations, apostilles or legalizations, registry expenses and notarial work.Can inherited real estate be sold?
Yes, inherited Argentine real estate can ultimately be transferred or sold once the necessary succession, title, tax and registration requirements are satisfied.A common scenario