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Estate planning in Córdoba involves arranging the transfer of your assets, rights and obligations after death and preparing for possible incapacity while you are alive. The core legal framework for succession and testamentary matters is national - the Código Civil y Comercial de la Nación - but many practical steps, registrations and taxes are handled at provincial level in Córdoba. Key actors in estate planning are abogados - lawyers with specialization in sucesiones and family law - and escribanos - public notaries who prepare public deeds, wills and certain extrajudicial settlements. Estate planning commonly uses instruments such as wills (testamentos), fiduciary arrangements (fideicomisos), powers of attorney (poderes) and agreed divisions of assets among heirs. Where heirs disagree, provincial courts of Family and Successions handle judicial succession procedures.
- Drafting or reviewing a will: To ensure a will is valid under Argentine law and reflects your intentions while respecting mandatory legal limits. A lawyer helps choose the right type of will and avoids formal defects that would invalidate it.
- Complex family situations: Second marriages, blended families, minor children, unmarried partners, or adopted or international children create legal complexity - a lawyer helps protect interests and reduce future disputes.
- Property in more than one country: If you own assets abroad or heirs live overseas, cross-border succession rules, taxation and recognition of documents require coordinated legal advice in Argentina and in other jurisdictions.
- Business succession planning: For shareholders, partners or family businesses, lawyers advise on how to transfer control, update statutes or bylaws, and use mechanisms to protect continuity and value.
- Disputes among heirs: If there is contention about validity of a will, unpaid debts, or asset division, a lawyer represents your interests in negotiations or in court.
- Tax, fees and registrations: Lawyers help calculate potential taxes, provincial duties and registration requirements, and guide the estate through the necessary administrative steps.
- Using fiduciary mechanisms or trusts: A lawyer and escribano can structure fideicomisos and other vehicles tailored to your plans and to creditor protection or management needs.
- National foundation: The Código Civil y Comercial de la Nación sets formal requirements for wills, rules on intestate succession when there is no will, and the concept of forced heirship - certain close relatives have reserved portions of the estate. The code also regulates contracts such as fideicomisos and mandates how inheritances are accepted or renounced.
- Types of wills commonly recognized: public will before a notary or judge (testamento abierto), closed will, and holographic will (testamento ológrafo) if handwritten, dated and signed by the testator. Formalities matter - noncompliance can lead to invalidity.
- Succession procedures in Córdoba: Successions can be judicial when there are disputes, missing heirs, or contested issues. Extrajudicial or notarial settlements are possible in many cases when heirs are in agreement and formalities are satisfied - an escribano can prepare a public deed to divide property without litigation in consensual cases.
- Forced heirship and legitimate portion: The law reserves protections for close heirs - typically descendants, the spouse and, in certain cases, ascendants. These protections limit how much of the estate can be freely disposed of by will. Exact calculations depend on family makeup and must be determined with legal assistance.
- Matrimonial property regimes: Whether spouses hold property under community or separation regimes affects what is part of the estate and what passes to the surviving spouse. Check your marital property regime and any marriage contract - it has direct succession consequences.
- Fideicomiso and other planning tools: Fideicomisos are widely used for asset management and succession planning. They allow a settlor to designate a trustee to manage assets for beneficiaries under defined terms. Their design must comply with applicable rules and tax considerations.
- Registration and taxes: Transfers of real estate must be registered at the Registro de la Propiedad Inmueble de la Provincia de Córdoba. Provincial taxes, fees and administrative charges apply to successions and property transfers. National tax issues may fall under AFIP rules. Exact amounts and procedures vary - consult local authorities or a lawyer.
The first step is to inventory your assets and liabilities, identify potential heirs and beneficiaries, and decide your objectives - who should inherit, who should manage assets, and whether you need to protect minors or minors rights. After that, consult a lawyer or escribano to discuss wills, powers of attorney and other instruments suited to your situation.
A valid will must comply with the formal requirements established by the Código Civil y Comercial. Common options are a public will executed before an escribano or judge, a closed will, or a holographic will if it is entirely handwritten, dated and signed by the testator. A lawyer or notary can ensure formal validity and advise on content that respects forced heirship rules.
Argentine law protects certain close relatives through forced heirship rules. You cannot freely dispose of the entire estate if reserved portions belong to legitimate heirs such as descendants or the spouse. There are limited grounds for disinheritance that must be expressly established in law. Consult a specialist to understand how these rules apply to your family situation.
If a person dies intestate, succession rules of the Código Civil y Comercial determine who inherits and in what proportions. Typically, assets pass to close relatives in a priority order - spouse, descendants, ascendants, collateral relatives. The succession process will identify heirs, value assets, pay debts and distribute the estate, usually under judicial supervision when necessary.
Timing varies widely. An uncontested notarial settlement where heirs agree can be resolved relatively quickly - a few months - whereas contested judicial successions or cases with complex assets, foreign property or litigation can take a year or several years. Timely documentation and legal advice help speed up the process.
You can reduce the scope of probate and potential disputes by preparing a clear, formally valid will, keeping records organized, using fideicomisos for certain assets, executing powers of attorney for incapacity, and discussing your plans with heirs. Some assets, such as jointly owned property or accounts with designated beneficiaries, may transfer outside probate. However, complete avoidance is not always possible and must be structured legally.
A fideicomiso is a trust-like arrangement where a settlor transfers assets to a trustee to be managed for beneficiaries under agreed terms. In succession planning it can be used to manage family assets, protect minors, ensure continuity of a business or delay full transfer until certain conditions are met. Drafting should consider legal, tax and administrative consequences.
Assets located abroad are subject to the succession law of the place where they are situated and may be affected by international private law rules. Often, coordination between Argentine counsel and foreign lawyers is necessary for recognition and transfer of foreign assets. A carefully drafted estate plan anticipates cross-border issues.
Common documents include the deceased or testator's national identity document, death certificate if starting succession, marriage certificate or proof of family relationships, property titles, bank statements, life insurance and pension details, company or share documents, and any existing wills or contracts. A lawyer will provide a detailed checklist tailored to your case.
Costs vary by complexity, professionals involved and whether the process is judicial or extrajudicial. Fees include lawyer and notary fees, taxes, registry fees and possible court costs. Many lawyers provide an initial consultation and a fee estimate. Obtain a written fee agreement and ask about alternative fee arrangements.
Código Civil y Comercial de la Nación - the national legal code governing family and succession law in Argentina.
Colegio de Abogados de la Provincia de Córdoba - professional association where you can verify a lawyer's credentials and find specialists in succession law.
Colegio de Escribanos de la Provincia de Córdoba - association of notaries who can inform about notarial procedures and formalities for wills and deeds.
Registro de la Propiedad Inmueble de la Provincia de Córdoba - for registration of real estate transfers resulting from succession.
Dirección General de Rentas de la Provincia de Córdoba - provincial tax authority for information on duties, stamp taxes and provincial fiscal obligations linked to inheritances and transfers.
Registro Civil de la Provincia de Córdoba - for birth, marriage and death certificates needed in succession and testamentary procedures.
Administración Federal de Ingresos Públicos (AFIP) - for national tax matters that may affect estates or cross-border taxation issues.
Local courts - Juzgados de Familia y Sucesiones in Córdoba handle contested successions; clerks can provide procedural information though legal representation is recommended.
Legal aid clinics and university law clinics - some universities and non-profit organizations provide limited or income-based legal assistance in family and succession matters.
- Inventory your assets and gather key documents: identification, property titles, bank and investment statements, business documents, insurance policies, and family records. Keep originals secure and inform a trusted person where they are kept.
- Decide your priorities: who you want to benefit, who should manage your estate, whether to protect minors, how to treat business interests and whether to plan for incapacity as well as death.
- Seek professional advice: consult an abogado especializado en sucesiones and an escribano to discuss wills, fideicomisos, powers of attorney and provincial formalities. If you have assets abroad, include foreign counsel in the planning process.
- Verify credentials and scope: check professionals with Colegio de Abogados or Colegio de Escribanos, ask for references, request a written engagement letter that sets out services and fees.
- Execute documents correctly: ensure wills and other instruments are drafted and executed according to legal formalities to avoid invalidity or disputes.
- Review and update periodically: life changes - marriage, divorce, birth, death, acquisition of property or business changes - require updates to your plan. Set a schedule to review your plan every few years or after major events.
- Communicate with family where appropriate: clear communication can reduce surprises and lower the risk of disputes. Consider preparing an explanatory letter to accompany formal documents.
If you need legal assistance, start by preparing your documents and booking an initial consultation with a local succession lawyer or notary in Córdoba - early planning reduces risk and preserves your intentions for your heirs.
