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Inheritance law in Argentina is primarily governed by the national Civil and Commercial Code, which in 2015 replaced the old Civil Code. In San Martín, a district within the Province of Buenos Aires, these national rules apply to how estates are managed, distributed and settled. Key concepts include the testamento (will), herederos forzosos (forced heirs), la legítima (legitimate portion) and the process of inventory and partition. Local procedural steps typically occur in provincial courts or notarial offices, with registries handling property transfers after a partition is approved.
Understanding who inherits, how property is valued, and how debts are settled requires clear guidance. A lawyer with experience in succession matters can help ensure compliance with both the national framework and any relevant provincial procedures. For San Martín residents, coordination between the court, the notary, and the registry is common during a typical succession process.
Source: National Civil and Commercial Code covers Sucesiones, Testamentos and Legítima across Argentina.
Source note: InfoLEG provides the official text of the national norms and updates. See https://www.argentina.gob.ar/infoleg for official normativa texts.
In San Martín, several concrete scenarios commonly require legal counsel in inheritance matters. A lawyer helps ensure proper procedural steps, accurate valuation, and lawful distribution of assets.
The primary framework for inheritance matters in Argentina is the national Código Civil y Comercial de la Nación. This law governs testamentary dispositions, legitima, intestate succession, and rules for who qualifies as heirs. In San Martín, procedural matters fall under the provincial civil and commercial procedure framework as well.
Código Civil y Comercial de la Nación, Libro Quinto - Sucesiones governs how estates are distributed, the rights of herederos forzosos, and the rules around valid testaments. It became effective on 1 August 2015 and has been subject to clarifications in subsequent reforms. This is the foundational text for inheritance cases in San Martín.
Código Procesal Civil y Comercial de la Provincia de Buenos Aires regulates how succession cases are processed within the provincial court system that serves San Martín. It covers inventories, partitions, inter partes notices, and judicial approvals of the distribution of assets, and it interacts with notarial procedures when appropriate. Local practice often involves these provincial procedures alongside the CCCN rules.
Source: National legal framework for Sucesiones and provincial procedural rules shape how estates are settled in San Martín.
Source note: See official information on the national norm at InfoLEG and general justice guidance at Justicia Argentina for procedural context.
For reference, you can explore the official norms and procedures at
InfoLEG - Normas y textos legales and the
Portal de Justicia - Argentina.
The legítima is a legally protected portion of an estate reserved for certain heirs, such as children and a spouse. It limits a deceased person’s ability to freely dispose of assets through a will. The remaining portion, the libertad de disposición, can be allocated as the testator prefers.
File an intestate succession petition in the provincial court with the necessary documents: death certificate, proof of relationship, assets, and any debts. The court will appoint administrators or managers and oversee the inventory and distribution to eligible heirs.
A will can be contested if it is forged, executed under undue influence, or if the formalities were not met. Processing times vary, but a straightforward case may take several months to a year, while disputes can extend longer depending on complexity.
Most inventories and partitions are handled in the provincial civil and commercial courts that serve San Martín, often coordinated with a local notary for asset valuation and documentation. The exact venue is determined by the court's jurisdiction over the property.
An attorney helps ensure proper documentation, accurate asset valuation, and compliance with both national and provincial rules. They also negotiate among heirs to avoid or resolve disputes and represent you in court if required.
Notaries often handle the formalization of wills and the initial inventory and partition documents. However, court approval may be required for the distribution if there are disputes or complex asset structures.
Costs include notary fees, court fees for the probate or partition, and potential taxes or duties. The exact amount depends on asset value, complexity, and whether disputes arise.
Simple cases without disputes can conclude in several months, while cases with contested wills or complicated estates may take 12 months or more. Timelines depend on court calendars and the efficiency of documentation.
Yes, spouses and children commonly qualify as heirs, often with a guaranteed legítima. Other relatives may also be considered, depending on the absence of closer heirs and the deceased’s family structure.
Yes, if all heirs consent and the assets are straightforward, you can pursue an accelerated partition with court and notary cooperation. Consent reduces conflicts and can speed up the process.
Yes, international assets may be included and require valuation and transfer through the appropriate legal channels. You may need additional documentation and compliance with international asset rules.
Estate debts are settled from the estate’s assets before distribution to heirs. If liabilities exceed assets, heirs may be protected by the law, but creditors can still pursue valid claims according to the court's orders.
The following official resources can help you understand inheritance law and navigate procedures in Argentina and in San Martín specifically:
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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