When a loved one passes away, alongside the grief come formalities that cannot be put off. Probate (juicio sucesorio) is the legal process that declares who the heirs are and allows the assets to be transferred into their names. It is a necessary step to give the family legal certainty.
Without probate it is not possible, for example, to sell a property or have the deed executed, transfer a car or access the deceased person’s bank accounts.
Every family situation is unique. Our commitment is to give you advice that is close, clear and professional: we explain each step and make sure the process moves forward without unnecessary delays or disputes between heirs.
“Your family's story deserves security.”
When is it needed?
- To transfer real estate.
- To sell vehicles.
- To access bank accounts.
- To collect debts and other entitlements.
- To regularize the heirs' legal position.
Our services
- Probate (estate proceedings).
- Declaration of heirship.
- Partition of the estate.
- Comprehensive advice for heirs.
Who can be an heir?
The spouse, children, parents and other relatives, in the order set by law. Every family situation is unique: at the consultation, we review who inherits in your case.
Why get legal advice
- It avoids delays and mistakes.
- It prevents disputes between heirs.
- It provides legal certainty.
- It makes managing the assets easier.
- It protects your rights and your family's.
How we support you
Consultation
We talk about the family and the assets, taking the time you need.
Documents
We tell you which certificates and documents are needed and help you gather them.
Estate proceedings
We open the probate case before the appropriate court.
Declaration and partition
We obtain the declaration of heirship and support you through to registration or the partition of the estate.
Useful documents
- Death certificate.
- The heirs' identity documents.
- Birth, marriage and other certificates proving the family relationship.
- Documents relating to the assets.
- Other documents, depending on the case.
Don’t worry if you don’t have everything: we will go through it together at the consultation.
Frequently asked questions
What is a declaration of heirship?
It is the court's decision recognizing who the deceased person's heirs are. With it, the assets can be transferred.
Is it better to wait before starting probate?
It is best not to put it off: over time, the paperwork gets more complicated and costs and disputes can arise. At the consultation, we explain what makes sense in your case.
What happens if one of the heirs lives in the property?
If they have exclusive use of it, the other heirs can claim occupation rent from them (canon locativo), a compensation similar to rent.
Can probate go ahead if some heirs live abroad?
Yes. We coordinate the necessary documents so they can take part remotely.
Related topics
- Occupation rent between co-heirsCompensation for the exclusive use of a property that belongs to the estate.
- Wills and last wishesAdvice on planning your will, from both a legal and a notarial perspective.
- Advice on notarial mattersAdvice before deeds, gifts and powers of attorney. The firm does not execute notarial acts.
General information only. It is not a substitute for advice on your specific case.