Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains key points about wills and testaments for people living in Florida, Argentina. Succession law in Argentina is governed mainly by the Civil and Commercial Code of the Nation, which sets the basic rules about who can inherit, what formalities a will must meet, and how property is distributed when someone dies. Many practical steps - such as where a will is signed, recorded, and later probated - are handled locally by notaries, registries and courts in the municipality or province where the deceased lived. If you live in Florida, Argentina, the same national succession rules apply, but you will use local escribanos, courts and registries to complete formalities and any judicial procedures.
Dealing with a will may seem straightforward, but there are many situations where legal help is important. A lawyer can help you make sure your wishes are valid, defend your rights, and avoid costly disputes. Common reasons to consult a lawyer include:
- Drafting or revising a will so it meets formal legal requirements and respects forced-heirship rules.
- Complex family situations, such as blended families, previous marriages, adoptions, or dependents from different relationships.
- Property or assets in more than one country - cross-border succession raises different rules and potential conflicts.
- Business succession - transferring control or ownership of a company, shares or partnerships.
- Significant real estate holdings - ensuring deeds, titles and mortgages are handled correctly.
- Anticipating or defending a will challenge - disputes about capacity, undue influence or validity.
- Tax and transfer obligations - understanding provincial or municipal transfer taxes, stamp duties or other fiscal consequences.
- Appointing guardians for minor children or making provisions for dependent adults.
- Using specialized instruments such as fideicomisos - trust-like arrangements available under Argentine law.
Key legal aspects to keep in mind when dealing with wills in Argentina and in Florida specifically include the following.
- Formal types of wills - Argentine law recognizes several forms, most commonly a public will executed before a public notary - escribano - in the presence of witnesses; closed wills deposited sealed with a notary; and holographic wills that are handwritten, dated and signed by the testator. Each type has particular formal requirements to be valid.
- Testamentary capacity - generally you must be legally capable to make a will. This normally means being an adult with mental capacity. There can be exceptions for emancipated minors in certain circumstances, but you should seek advice for age or capacity questions.
- Forced-heirship - the law protects certain close relatives by reserving a portion of the estate for them. Spouses, descendants and sometimes ascendants have protection that limits how much a testator can freely leave to others. The exact application depends on family composition and must be checked with a lawyer.
- Executors and administrators - a will can appoint an executor or albacea to carry out the testator s instructions. Executors may need court recognition or must act under oversight, depending on the estate s complexity and local practice.
- Probate and judicial procedures - when a person dies the estate typically goes through a succession procedure - judicial or in some provinces administrative - to identify heirs, pay debts and transfer property. The existence of a valid will will guide the process, but local courts and escri bani handle opening the succession.
- Notaries and registration - notaries (escribanos) often assist in drafting and registering wills. Some local colegios de escribanos maintain registries of wills or can provide information about where a will was deposited.
- Language and translations - a will in a language other than Spanish may be accepted but will usually require an official translation for use in Argentine proceedings.
- Taxes and charges - there is no single national inheritance tax in every case, but provincial and municipal taxes, transfer duties, registration fees and other costs can apply. Check local authorities for the exact fiscal treatment in your province or municipality.
Argentine law recognizes several types of wills - most commonly a public will executed before a notary and witnesses, a closed will presented sealed to a notary, and a holographic will handwritten, dated and signed by the testator. Each form has specific formalities that must be met for it to be valid and enforceable.
While a holographic will can be handwritten without a notary, using a notary - escribano - is the most secure method. A public will drafted and recorded by a notary reduces the risk of later disputes and simplifies probate. Notaries also advise on legal effects and required formalities.
If someone dies without a will, succession follows the rules of intestacy set out in the Civil and Commercial Code. Typically the estate is distributed to the spouse and descendants first, then to ascendants, siblings and other relatives in a prescribed order. Exact shares depend on family composition.
Complete disinheritance of forced heirs is generally not permitted. The law protects certain close relatives by reserving a portion of the estate for them. You can allocate the freely disposable portion of your estate as you wish, but any attempt to reduce a forced heir s reserved share may be invalidated.
To admit a will to probate you normally need the original document, proof of the deceased s death and identity, and identification documents for heirs. A judicial or notarial process will verify the will s formal validity, determine heirs, settle debts and allow estate distribution. Requirements can vary locally.
Yes, you can dispose of foreign assets in an Argentine will, but foreign law may govern succession for assets located abroad. For cross-border estates it is important to get legal advice in each country involved to ensure the will achieves the intended results and to avoid double processes or conflicting outcomes.
If you cannot sign or use your hands a will may still be valid if the formalities permit assisted signatures or if other recognized will forms apply. Testamentary capacity is required - meaning you understand your decisions. An abogado or escribano can advise on alternative formalities and safeguards to ensure validity.
You should review your will after major life events - marriage, divorce, birth or adoption of children, significant changes in assets, moving to another country, or starting or selling a business. Updating your will keeps it aligned with your current wishes and legal situation.
If you find a possible will deliver it to a notary, the local escribano s colegio or the court handling successions in the deceased s place of residence. Do not destroy or alter the document. Legal steps will be taken to determine its validity and admit it to probate if appropriate.
Costs and timing depend on the estate s complexity, whether there are disputes, local court schedules and whether notarial or judicial procedures apply. Simple uncontested successions can be resolved relatively quickly; contested matters or estates with cross-border assets may take much longer and be more expensive. A local lawyer can give a realistic estimate based on your situation.
If you need further assistance, consider contacting these types of local resources and institutions:
- A licensed local abogado specialized in sucesiones - family and inheritance law.
- A local escribano publico - notaries are key for drafting and registering wills.
- Colegio de Escribanos of your province or the Colegio Publico de Abogados for referrals and information on notaries and procedures.
- Local civil or probate court where successions are opened - for procedural requirements and filings.
- Municipal and provincial tax offices - to confirm any inheritance or transfer taxes and payment procedures.
- Official translations and certified translators if documents are not in Spanish.
If you need legal assistance with a will or succession in Florida, Argentina, follow these practical steps:
- Gather essential documents - your national identity document, family records (marriage certificates, birth certificates for children), property deeds and titles, bank account details, insurance policies, and lists of assets and debts.
- Search for any existing will - check with family members, your local escribano, and any notary or registry where you have worked before.
- Decide your priorities - who you want to inherit, whether to appoint an executor, and any guardianship decisions for minors.
- Meet with a local abogado and an escribano to discuss drafting options, formalities and tax implications. Bring your documents and a clear list of assets and beneficiaries.
- If you have assets abroad or complex business interests, consult lawyers in the other jurisdictions as well to coordinate cross-border succession planning.
- Keep your will safe - leave copies with your notary, your lawyer or store it in a secure place. Inform trusted persons where the original is kept.
- Review and update your will when circumstances change.
Getting local professional advice early can prevent disputes, reduce costs and make sure your wishes are respected according to Argentine law and local practice in Florida.
