Best Probate Lawyers in San Justo

About Probate Law in San Justo, Argentina

Probate in San Justo generally refers to the legal process of settling a deceased person’s estate - in Spanish called sucesión. The national Civil and Commercial Code of the Nation - Código Civil y Comercial de la Nación - sets the basic rules about inheritance rights, forced heirs and wills. Procedural steps are handled locally by the courts and registries that serve San Justo, which is part of La Matanza in Buenos Aires Province. Typical probate goals are to identify and confirm heirs, pay debts and taxes, obtain a judicial or notarial declaration of inheritance when required, and transfer titles of property and other assets to the beneficiaries.

Why You May Need a Lawyer

A lawyer experienced in sucesiones can be essential in many common situations. You may need help if the deceased left a will that is unclear or is being contested, if heirs disagree about distribution, if the estate includes real estate, businesses, or assets abroad, or if there are significant debts or pending taxes. Lawyers are also useful to obtain urgent court orders to unfreeze bank accounts or protect property, to prepare inventories and valuations, to negotiate with creditors, and to guide heirs through tax filings and registration changes. Even when heirs agree, a lawyer or notary can speed up the process and reduce the risk of future disputes.

Local Laws Overview

The Civil and Commercial Code provides the substantive rules for inheritance - including the distinction between testamentary succession and intestate succession, and the protected share for forced heirs such as children, spouse and parents. Procedural rules are applied locally by the competent civil and commercial tribunals and by notaries - escribanos - who can sometimes carry out extrajudicial procedures when requirements are met and heirs consent. Buenos Aires Province has administrative and registration systems you must use to transfer real estate and update public records.

Key practical points are these. First, there are two main routes - judicial succession before a court when there is controversy, complex assets or no notarized will, and extrajudicial or notarial succession when a formal will exists or when heirs agree and the law allows a simplified procedure. Second, heirs may accept or renounce the inheritance - renunciation must be formal and has legal consequences. Third, creditors’ claims and outstanding obligations usually must be considered before distribution. Fourth, taxes and fees may apply at national and provincial level - you must check requirements with the relevant tax authorities before completing transfers. Fifth, property transfers must be registered at the provincial Registro de la Propiedad Inmueble and changes to identity documents may require the Registro del Estado Civil y Capacidad de las Personas.

Frequently Asked Questions

What is the first thing to do after a relative dies in San Justo?

Obtain an official death certificate from the local civil registry, secure any known will or testament, and make a careful list of assets, liabilities and key documents - property deeds, bank accounts, vehicle titles, tax records and social security documents. Notify close family and consider speaking with a lawyer or notary early to understand immediate steps to protect assets.

Do I always need to go to court to settle an estate?

Not always. If there is a formal notarized will or if all heirs agree, some estates can proceed by an extrajudicial or notarial procedure handled by an escribano. When there is a dispute, unclear documentation, minor or incapacitated heirs, foreign assets or complex creditor claims, a judicial succession before the competent tribunal is typically required.

How long does probate take in San Justo?

There is no single timeline. Simple consensual successions can be completed in a few months if documentation and tax clearances are ready. Complex or contested cases can take a year or longer. Timeframes depend on court workload, the need for asset valuations, creditor proceedings and registration processes at provincial offices.

Who inherits if there is no will?

Intestate succession follows the order established by the Civil and Commercial Code. Close relatives such as children and spouse are priority heirs. If none exist, more distant relatives may inherit. The surviving spouse has specific rights that may vary depending on marital property regime. A lawyer can explain the exact order and calculation of shares for your situation.

Can a will be contested in Argentina?

Yes. Heirs can challenge a will on grounds such as lack of capacity, fraud, undue influence or formal defects in how the will was executed. Challenges are brought before court and are subject to procedural time limits and evidentiary rules. A contested will usually leads to a judicial succession process.

What documents are usually required to start a succession?

Common documents include the death certificate, the deceased’s DNI and CUIL, any will or testament, birth and marriage certificates of heirs, proof of property ownership and vehicle titles, bank account statements, last tax returns, and documents proving debts or mortgages. Additional certificates such as the certificate of inheritance or absence of liens may be requested by registries.

Can bank accounts be accessed during probate?

Banks often freeze accounts when they are informed of a death. Access depends on whether accounts were individually held, jointly held, or designated to a beneficiary, and on whether a court or notary authorizes release of funds for funeral expenses or to pay debts. Legal steps are usually required to obtain authorization for withdrawals.

Do heirs have to pay taxes when they inherit?

There can be tax implications at the national and provincial level. Income taxes are generally not triggered by inheritance itself, but transfer duties, stamp taxes or provincial inheritance taxes and registration fees may apply. Tax liabilities and filing obligations vary by asset type and location. Consult a lawyer or tax advisor to identify obligations and avoid penalties.

Can I sell inherited property before the succession is closed?

Selling inherited property before completing succession is legally delicate. Title typically remains in the deceased until ownership is transferred to heirs, so buyers and registries commonly require a formal declaration of heirs or a court order. In some cases heirs can agree to an advance sale through legal mechanisms, but specialized legal help is required to avoid invalid transactions.

How are legal fees and costs for a probate handled?

Fee arrangements vary. Some lawyers charge a fixed fee for specific services, others bill hourly, and in certain matters fees may be a percentage of the estate value as permitted by local bar rules. Court costs, notary fees, valuation costs and registry expenses are additional. Always request a clear fee agreement and a written estimate of foreseeable costs during the first meeting.

Additional Resources

Helpful local bodies and organizations include the Juzgado de Primera Instancia en lo Civil y Comercial that serves La Matanza and San Justo for succession cases, the Registro del Estado Civil y Capacidad de las Personas - local office for death and civil records, and the Registro de la Propiedad Inmueble - La Matanza for property registrations. The Colegio de Abogados de La Matanza can assist in finding a qualified probate lawyer and may provide orientation. The Colegio de Escribanos de la Provincia de Buenos Aires is the professional body for notaries who handle extrajudicial successions and public instruments.

For tax and revenue questions, consult the national tax authority AFIP for federal matters and the provincial tax administration for Buenos Aires Province for any provincial transfer or inheritance taxes and stamp duties. If you need financial or social security information, contact the relevant agencies for pensions and social benefits. Legal aid offices or public defender offices can advise those who cannot afford private counsel.

Next Steps

Gather key documents - death certificate, identity papers, list of assets and debts, and any will. Make copies and record where originals are kept. Contact a local lawyer or notary with probate experience - ask about their experience with succession cases in La Matanza and whether they handle court and registry procedures. Prepare questions about expected steps, timeline and fees. If assets are at immediate risk - for example bank accounts frozen, imminent foreclosure or disputed property - tell your lawyer right away so they can seek urgent protective measures.

Remember this guide is informational and does not replace legal advice. Probate rules and procedures can vary by case and by local practice. For personalized guidance and to protect your rights, consult a qualified attorney or notary in San Justo who can review your documents and recommend the correct judicial or notarial path forward.