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Inheritance law in Argentina is governed primarily by the national Civil and Commercial Code, known as the Código Civil y Comercial de la Nación (CCyC). In Buenos Aires, the CCyC provides the framework for wills, estates, heirs, and legitimate shares. Local courts apply these rules in civil and commercial proceedings, including probate and disputes over the distribution of assets.
The process typically distinguishes between testate succession (with a will) and intestate succession (without a will). In both paths, a person’s assets, debts, and heirs are identified, inventories prepared, and a formal partition or division agreed or ordered by a court. Familiar concepts in this jurisdiction include legitimate heirs, the forced share (legítima), and potential reservations or improvements that may affect distribution.
For residents of Buenos Aires, understanding whether you are dealing with a will, an intestate estate, or a blended family situation matters greatly for choosing the right procedural route. A qualified abogado (lawyer) or procurador (court representative) can help navigate the court filings, inventories, and partitions that are common in Buenos Aires civil proceedings.
Key takeaway: Inheritance matters in Buenos Aires combine national civil law with local court procedures. The goal is to identify heirs, validate the will if present, settle debts, and achieve a fair partition of assets in line with the law.
"El Código Civil y Comercial de la Nación regula la sucesión, la legítima y la aceptación o repudiación de herencias."
Source: infoleg.gob.ar - Código Civil y Comercial de la Nación
These are concrete, real-world scenarios where you would benefit from legal counsel in Buenos Aires. Each example reflects common situations facing families in the city and province.
Two to three core reference points help frame inheritance matters in Buenos Aires. They illustrate how national civil law interacts with local tax and procedural rules.
The first and primary reference is the national CCyC, which sets the rules for wills, succession, legacies, and the definition of heirs. The second and third references relate to taxes and documentary duties that affect inheritance transfers in Buenos Aires.
"El Código Civil y Comercial de la Nación regula la sucesión, la legítima y la aceptación o repudiación de herencias."
Source: infoleg.gob.ar
"La transmisión de bienes por causa de fallecimiento puede generar obligaciones fiscales como impuestos provinciales y derechos de sellos."
Source: AFIP - afip.gob.ar
The CCyC governs the fundamental rules of succession in Argentina, including how legitimate shares are determined, how a will is admitted, and how a decedent’s estate is administered. It outlines who can be an heir, how debts are paid, and how assets are partitioned among heirs. This is the central framework used in Buenos Aires for both intestate and testate proceedings.
Recent context: The CCyC has been in effect for several years and remains the baseline for inheritance matters. Legal updates and provincial court practice continue to adapt to this framework. See official legislative texts for the precise provisions that apply to your case.
In Argentina, gratuitous transfers of property upon death can trigger taxes in some jurisdictions. The ITGB is administered in practice through provincial or municipal authorities, with guidance from federal authorities on cross-jurisdictional issues. In Buenos Aires, heirs and executors should confirm whether ITGB applies to the estate and how the tax is calculated and reported.
An inheritance professional can determine whether ITGB or similar taxes affect your case and help plan the timing of transfers to minimize tax exposure.
Stamp tax on documents and deeds related to succession matters is a consideration in Buenos Aires. The tax can apply to wills, partition agreements, and transfer deeds. Compliance with stamping requirements is essential to avoid penalties and ensure the validity of instruments recording the estate's disposition.
Consultation with a local abogado helps ensure all relevant documents are properly stamped and filed with the appropriate authorities in a timely manner.
A will is a legal instrument outlining how assets should be distributed after death. Intestate succession occurs when there is no valid will. In both paths, the court identifies heirs and oversees the distribution of assets in accordance with the CCyC and local rules.
Begin by gathering vital records such as the death certificate, will (if any), asset list, and debts. File a petition with the civil court in the jurisdiction where the deceased resided, and engage a local abogado to guide you through inventories and partitions.
While some steps may be completed informally, complex estates, disputes among heirs, or real estate transfers typically require a lawyer. An abogado can draft petitions, review wills, and represent you in court filings and negotiations.
In Buenos Aires, probate matters are filed in the civil and commercial courts of the jurisdiction where the deceased resided. A local abogado can determine the exact court and coordinate filings with the court clerk and prosecutors as needed.
Challenges often involve formal execution, the testator's capacity, undue influence, or improper revocation. A lawyer can review execution formalities and help present evidence to support or contest the will.
Expect to gather death certificates, birth certificates of heirs, marriage certificates, the will (if present), property titles, mortgage statements, tax documents, and a list of creditors. A lawyer will provide a precise checklist for your case.
Prolonged cases with unfamiliar assets, taxes, or disputes may last 6-12 months or longer. Simple estates without heavy disputes can resolve in 3-6 months, depending on court backlogs and cooperation among heirs.
Residency affects where you file, but inheritance rights can extend to non-residents depending on the decedent's domicile, assets, and will provisions. An abogado can determine the correct forum and applicable law for your situation.
A family member can act as executor in some cases, but complex administrations benefit from legal oversight. A lawyer ensures compliance with deadlines, tax filings, and court orders.
Mediation can resolve disputes more quickly and with less cost than full litigation. A lawyer can help you pursue mediation and draft settlement terms suitable for court approval if needed.
Many Buenos Aires lawyers offer initial consultations, sometimes free or for a modest fee. Prepare a brief summary of your case and your goals to maximize the value of the session.
These official resources help you understand the legal framework and procedural steps for inheritance matters in Buenos Aires.
