Best Probate Lawyers in La Plata

About Probate Law in La Plata, Argentina

Probate in La Plata refers to the legal procedures used to transfer the assets and liabilities of a deceased person to their heirs or legatees. In Argentina this area of law is commonly called "sucesiones" and is governed mainly by the Civil and Commercial Code together with applicable provincial regulations. Proceedings can be judicial - conducted before the Civil and Commercial Court with competence in succession matters - or extrajudicial - carried out through a notary public - when the estate is uncontested and meets the formal requirements for a notarial settlement. The process determines who inherits, how assets are inventoried and divided, and how debts and taxes are settled.

Why You May Need a Lawyer

Probate can be legally and administratively complex. You may need a lawyer when:

- The estate is contested - for example when heirs dispute the validity of a will or the distribution of assets.

- There are significant debts, complex liabilities, or business interests involved that require protective or debt-management strategies.

- Real estate and title transfers are part of the estate and require coordination with the Property Registry and tax authorities.

- There are international aspects - assets or heirs located abroad, foreign wills, or cross-border tax issues.

- Minors or incapacitated persons are heirs and require guardianship or protective orders.

- You need to choose the correct procedure - judicial or extrajudicial - and prepare the required documentation to avoid delays or invalid filings.

A lawyer experienced in sucesiones will advise on strategy, prepare and file documents, represent you in court if needed, and coordinate with notaries, registries and tax authorities.

Local Laws Overview

Key legal features and practical points relevant to probate in La Plata include:

- Governing law - Succession matters are governed primarily by the Argentine Civil and Commercial Code. Provincial rules and court practice in the Province of Buenos Aires - where La Plata is located - also affect procedure, court fees and some taxes.

- Judicial versus extrajudicial routes - Judicial proceedings are required when there is a dispute, when heirs cannot be located, or when certain formalities are not satisfied. Extrajudicial settlements through a notary are possible in uncontested cases where all heirs agree and formal documentation is available.

- Types of wills - Argentine law recognizes several forms of testamentary dispositions, including public (notarial) wills and holographic wills. Validity depends on compliance with formalities under the Civil and Commercial Code.

- Intestate succession - If there is no valid will, the law sets an order of priority among heirs - typically descendants, ascendants, spouse and other relatives - and provides rules for forced shares in some circumstances.

- Acceptance or renunciation of inheritance - Heirs can accept or renounce the inheritance. There are legal mechanisms to accept conditionally - for example under the benefit of inventory - which may limit liability for debts.

- Debts and creditor claims - Estate administrators or heirs must identify and notify creditors. Creditors may assert claims in the succession process and will be paid from estate assets according to the applicable priority rules.

- Taxes and fees - Taxes and duties may apply at the national or provincial level. Provincial revenue offices may impose transfer taxes, stamp duties or succession-related charges. Court costs and notary fees also apply and vary by estate value.

- Registries and public bodies - Property transfers require procedures at the Registro de la Propiedad Inmueble of the Province of Buenos Aires. Identity and civil status changes involve RENAPER and civil registries. Pensions and social-security benefits must be notified to ANSES.

Frequently Asked Questions

What are the first steps after a relative dies in La Plata?

Obtain the death certificate from the Civil Registry, collect existing estate documents - wills, property titles, bank statements, and identity documents - and inform potential heirs. If the estate appears uncontested and complete documentation exists, consult a notary about an extrajudicial settlement. If there is conflict or uncertainty, contact a lawyer experienced in sucesiones to evaluate strategy and protect assets.

What is the difference between judicial and extrajudicial probate?

Judicial probate is conducted before the Civil and Commercial Court and is required when there are disputes, missing heirs, or other legal impediments. Extrajudicial probate is handled by a notary when all heirs agree, the formalities are met and there are no pending disputes. Extrajudicial procedures usually take less time and cost less, but they are available only in appropriate uncontested cases.

Which documents are typically required to start probate?

Common documents include the death certificate, the deceased person's national identity document, wills if any, identity documents of heirs, family records (birth, marriage certificates), property titles, bank statements, tax records, and proof of outstanding debts. A lawyer or notary will prepare a detailed checklist for the specific case.

How long does probate usually take in La Plata?

Duration varies widely. Extrajudicial settlements can be completed in a few weeks to several months if all documentation and agreements are in order. Judicial proceedings often take several months to years, depending on complexity, litigation, backlog in courts and whether appeals are filed. Expect longer timelines for contested estates and complex asset portfolios.

Can a will made in another country be used in La Plata?

Foreign wills may be recognized but must comply with formalities required by Argentine law or be validated through applicable channels. Translation and legalization or apostille may be necessary. If the will raises doubt or conflict, a lawyer should be consulted to determine admissibility and the correct procedure.

What happens to the deceased person's debts?

Debts are generally paid from estate assets before distribution to heirs. Heirs may be personally liable if they accept the inheritance outright; however, Argentine law provides mechanisms such as acceptance under the benefit of inventory to limit personal liability to the value of estate assets. Consult a lawyer to choose the appropriate acceptance method.

Can heirs sell inherited property before the succession is finalized?

Selling property before formal partition is generally complicated. Title and registration typically must be updated to reflect heirs or the executed partition order. In some cases temporary measures or agreements among heirs allow transactions, but legal advice and careful documentation are necessary to avoid future disputes or invalid transfers.

Are there taxes on inheritances in La Plata?

Taxes and fees relating to inheritance can include provincial transfer taxes, stamp duties, notary fees and court costs. Tax treatment varies by jurisdiction and estate composition. It is important to consult a lawyer and a tax advisor and to contact the provincial revenue authority for precise obligations and possible exemptions.

Can foreigners inherit property in Argentina?

Yes. Non-residents and foreign nationals can inherit assets in Argentina. However, cross-border issues - such as foreign tax implications, asset repatriation and recognition of foreign documents - make it important to obtain legal and tax advice from professionals familiar with international succession matters.

What if I suspect the will is forged or invalid?

If you believe a will is forged, was signed under duress, or does not meet formal requirements, you should seek legal counsel immediately. A lawyer will advise on initiating judicial actions to contest the will, preserve evidence, request expert examinations and obtain provisional measures to protect estate assets while the dispute is resolved.

Additional Resources

Useful local and national bodies and organizations to consult or contact during a probate matter in La Plata include:

- Civil and Commercial Court with competence in sucesiones in La Plata - for filing judicial proceedings and obtaining information about court procedure and fees.

- Registro de la Propiedad Inmueble de la Provincia de Buenos Aires - Delegation La Plata - for property titles, registrations and certificates of domain.

- Colegio de Escribanos de la Provincia de Buenos Aires - Sección La Plata - for guidance on notarial extrajudicial succession procedures and locating a notary.

- Colegio de Abogados de La Plata - for referrals to lawyers specialized in succession law and professional conduct inquiries.

- Administracion Federal de Ingresos Publicos (AFIP) - for federal tax matters that may affect the estate.

- Direccion General de Rentas de la Provincia de Buenos Aires - for provincial taxes and duties related to inheritance and property transfers.

- ANSES - for notifying and managing pension or social-security benefits of the deceased.

- Registro Nacional de las Personas (RENAPER) and Civil Registry of La Plata - for certified civil status records and identity documentation.

- Legal aid or public defender offices - if cost is a barrier, check local programs that provide free or low-cost legal assistance.

Next Steps

If you need legal assistance with probate in La Plata follow these practical steps:

- Gather documents - obtain the death certificate and collect wills, identity documents, property titles, bank statements, and any records of debts or contracts.

- Identify heirs and beneficiaries - prepare a list of likely heirs and their contact details and establish whether the deceased left a will.

- Preserve assets - secure property, notify banks and service providers, and consider provisional measures to prevent asset dissipation.

- Consult a specialist - contact a succession lawyer or notary in La Plata to review your case, explain options - judicial versus extrajudicial - and provide a cost and timeline estimate.

- Consider tax and financial advice - coordinate with a tax professional to understand potential duties and to plan for tax filings.

- Choose representation and sign an engagement - agree on fees and a written scope of work with your lawyer or notary before proceedings begin.

- Follow the procedure - provide requested documents, attend required hearings or notarial appointments, and respond promptly to inquiries from courts, registries and tax authorities.

- Keep records - maintain copies of all filings, receipts, agreements and communications related to the succession.

Acting promptly and working with experienced local professionals will reduce delays and help protect the rights and interests of heirs. If you are unsure where to start, contact the Colegio de Abogados de La Plata or a trusted notary for an initial consultation.