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Inheritance law in Florida, United States, and Argentina governs how a decedent’s assets are distributed after death. In Florida, the probate system determines who inherits when there is a will (testate) or when there is no will (intestate). Real property and personal assets held in the decedent’s name often pass through probate, with possible avoidance through trusts or beneficiary designations.
In Argentina, inheritance matters are guided by the Civil and Commercial Code, with concepts such as legítima (legitimate portion) and heirs forzosos (forced heirs) shaping how an estate is divided. The testator may dispose of a portion of the estate through a will, but the forced heirs retain a protected share that cannot be omitted. Civil law traditions and cross-border assets add complexity for Argentine residents with property abroad.
For Florida residents who own property in Argentina or Argentine citizens with assets in Florida, cross-jurisdiction probate and tax planning can become essential. Understanding the basic framework in each jurisdiction helps you decide when to seek local counsel and how to coordinate filings where multiple courts may be involved.
Professional guidance is important to avoid costly mistakes and delays. Here are concrete, real-world scenarios where you may need an inheritance lawyer in Florida or Argentina.
Florida relies on probate and intestate succession rules to transfer assets at death. Key components include the probate process for wills and the statutory framework for intestate distribution when there is no will. Florida also recognizes ways to avoid probate through trusts and beneficiary designations.
Statutory framework commonly cited: Florida Statutes governing intestate succession and wills, and the Florida Rules of Probate Procedure, together with local court rules, guide filings, notices, and distributions.
“Probate proceedings may take several months or longer depending on the complexity of the estate and any disputes among heirs.”Source: Florida Bar consumer guidance on probate timelines
Argentina follows the Civil and Commercial Code of the Nation, which governs how estates are divided among heirs and how forced heirs receive their legitimate share. The code also addresses testamentary dispositions, colación (collation of gifts among heirs), and procedures for executing a will.
Key framework: Código Civil y Comercial de la Nación, vigente desde 2015, with subsequent amendments addressing procedural and substantive aspects of inheritance and succession.
Intestate succession describes how a deceased person’s property is distributed when there is no valid will. Florida law sets the order of heirs and shares based on relationships.
To begin, file the original will, a death certificate, and a petition for probate with the local circuit court. The court appoints a representative to manage the estate.
The executor, named in the will, or an administrator if there is no will, manages asset collection, debt payment, and distribution to heirs following court approval.
Costs vary by estate size and complexity. Typical expenses include court filing fees, attorney fees, and appraiser costs. Florida caps attorney fees in some uncontested cases.
While not required, a lawyer helps ensure correct filings, timely notices to heirs, and efficient resolution of potential disputes. A local attorney understands county-specific procedures.
Homestead protections influence how a decedent's home is treated, priority rights during probate, and creditor claims. An attorney can explain exemptions and survivor rights.
Yes. Common challenges include lack of testamentary capacity, undue influence, fraud, or improper execution. A lawyer can evaluate grounds and deadlines.
Timeframes vary by province and complexity, including whether a will exists and how cross-border issues are handled. Expect several months to a few years in complex matters.
In Argentina, forced heirs have a protected portion of the estate. The legitimate portion cannot be freely dispensed by a will.
Yes, if the decedent held assets in Argentina, you may need to initiate succession proceedings under Argentine law, coordinated with any foreign probate filings.
Legítima refers to the forced share reserved for heirs. Disposición libre is the portion the testator can freely bequeath through a will.
Cross-border probate is possible but complex. It often requires coordinating court orders, recognizing foreign judgments, and addressing international tax concerns.
References and sources for further reading include official government and professional resources. For Florida, you can consult the body of statutes and court rules on the state’s legislative site and relevant Florida Bar guidance. For Argentina, look to the Código Civil y Comercial de la Nación and official government portals for the latest statutes and procedural rules.
Florida probate and inheritance matters can be complex when assets cross borders. Coordinated guidance from competent attorneys in each jurisdiction is essential to protect heirs and minimize delays.Source: Florida Bar and official Florida statutes references
For authoritative sources, see:
