Requirements to Register Declaration of Heirs: Sites for the Procedure, What it is and MORE

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The requirements to register a declaration of heirs, the documents, the sites to carry out the procedure, the step by step and more details are mentioned in this article.

The declaration of heirs is a provision issued by a magistrate, where it establishes the condition of beneficiary (s) of the succession.

Consequently, in that provision it is determined that one or more persons are recognized as heirs of the deceased.

This condition of heir (a) is necessary to execute the sequence and it is also essential if you want to sell the deceased’s assets to a third party.

To start the process you must make a judicial presentation, through a lawyer, in this act declares who the heirs are.

Also in the presentation the domicile of the heirs, if they are known, meet and deliver the documents that certify the link with the deceased.

Requirements to Register Declaration of Heirs

The following are requirements to register declaration of heirs in Argentina:

  1. Application form for the registration of declaration of heirs.
  2. Proof of inhibition of the performer (s).
  3. Certificate of free transfer of the performers.
  4. Proof of domain.
  5. Photocopy of the certification of the property registration (s).
  6. Application process for the cadastral record and property cadastre certificate (s).
  7. Updated tax assessment.
  8. Also present the affidavit (s) of assets.
  9. Payment of the tax corresponding to the heirs declaration process.

For the presentation of the procedure it is suggested, deliver all the indicated documents, together with the application for registration of declaration of heirs.

In some cases it is necessary during the process, certify the link with the deceased through the presentation of the following documents:

  • Certificate of death.
  • Marriage certificate, in case the applicant is the spouse of the deceased.
  • Birth registry, in case the applicant is a descendant of the deceased.

The above is a suggestion, in order to avoid the presentation of documentation in a fractional manner, which may lead to the prescription of the required requirements.

On the other hand, the people who must initiate the process must be:

  • The spouse of the deceased.
  • The heirs and any other person favored by the testator.
  • The person commissioned by the testator, to consummate the last decision of the deceased.
  • The guarantors of the heirs of the succession, the objective of these is to collect the commitments acquired by the heirs.
  • Every person who has declared rights by the laws in inheritance.

Documents to present

Below are the documents necessary to comply with the requirements to register declaration of heirs:

  1. Proof of inhibition of the performer (s).
  2. Act of free transfer of the performers.
  3. Proof of domain.
  4. Photocopy of the certification of the property registration (s).
  5. Application process for the cadastral record and property cadastre certificate (s).
  6. Updated tax assessment.
  7. Also present the affidavit (s) of assets.
  8. Payment of the tax corresponding to the heirs declaration process.
  9. Application form for registration of declaration of heirs.

In some cases it is necessary during the process, certify the link with the deceased through the presentation of the following documents:

  • Certificate of death.
  • Marriage certificate, in case the applicant is the spouse of the deceased.
  • Birth registration, in case the applicant is a descendant of the deceased.

For more information about documents required for the process can be consulted in the link of the court in civil and commercial N ° 2, of the province of Buenos Aires.

How is the Process to Register Declaration of Heirs?

The inheritance or succession process has the purpose of transferring the heirs the assets that belonged to the deceased.

To carry out this procedure, it is essential requirement to start the process of the deceased’s succession, so that the judge can establish how and who should be declared favored.

Below is the step by step to perform the succession process:

  • To start the succession process, the lawyer representing the heirs, will specify the data of the property (s) with the ownership document.
  • Besides the lawyer, will detail the payment receipts of taxes in your name.

  • Too, will make a detail of the birth records, marriage and death as part of the necessary requirements to start the succession process.
  • Likewise, the lawyer must draw up a file with all the requirements demanded by law and the application form for the registration of declaration of heirs.

Next, to register the property (s) in the name of the favored (s), several judicial processes must be carried out, essential to reach the opinion.

In this sense, the following are mentioned the judicial processes to register the asset (s) in the name of several or an heir:

  • The lawyer must present the Succession demand for the judge’s opinion, where the heirs, distribution of the succession and the registration of this are indicated.
  • To end the judge will order that the records corresponding to automotive, ox or real estate property, register the new ownership of the declared heirs.

Places to do the procedure in Argentina

The declaration of heirs takes place in the last place where the deceased had the residence.

In this sense, the site to carry out the procedure, it will be subject to the last place where the deceased lived, for example:

  1. If the last residence of the deceased was in the city of Buenos Aires, the succession process must be carried out in the courts of that city.
  2. If the last residence of the deceasedIf you were in the province of Buenos Aires, the process can begin in the courts closest to this province.
  3. In addition, a jurisdiction permit can be requested to another site in the province, which is up to the authorities to grant said permission.

For the above described, it is need to mention some aspects of interest for people who need to carry out this procedure:

  • No matter where the goods are located that make up the inheritance, if the last residence of the deceased was in the City of Buenos Aires, it is in that locality where the succession must be processed.
  • For validate the address, the residence address indicated on the death certificate of the deceased must be reviewed.
  • Likewise, for example, if the last residence of the deceased It was in Portugal and he left assets in Argentina, it is in Portugal where the succession must be processed.

What are the Forms?

The registration request form It is the only form that must be completed to start the process to register the declaration of heirs.

It is important to remember that this form must be accompanied of all the required documents, according to the law, which are mentioned next:

  1. Proof of inhibition of the performer (s).
  2. Certificate of free transfer of the performers.
  3. Proof of domain.
  4. Photocopy of the certification of the property registration.
  5. Process of requesting the cadastral certificate and cadastre certificate.
  6. Updated tax assessment.
  7. Also present the affidavit (s) of assets.
  8. Payment of the tax corresponding to the registration process for the declaration of heirs.

For the presentation of the procedure It is suggested to deliver all the indicated documents, together with the application for registration of declaration of heirs.

In some cases it is necessary during the process, certify the link of the heirs with the deceased, through the presentation of the following documents:

  • Certificate of death.
  • Marriage certificate, in case the applicant is the spouse of the deceased.
  • Register of birth, in case the applicant is a descendant of the deceased.

What is the Declaration of Heirs?

The declaration of heirs is a provision issued by a magistrate, which establishes the status of the beneficiary (s) of the succession.

Consequently, the judge determines that one or more people are recognized as heirs of the deceased.

This inheritance condition is necessary to execute the sequence and it is also essential in case the heirs want to sell the deceased’s assets.

To start this the process must make a court appearanceThrough a lawyer, this act declares who the heirs are.

Also in the presentation the domicile (s) of the heir (s) are declaredIn addition, the documents that certify the link with the deceased are gathered and delivered.

The application for registration of heir (s), must be done when in inheritance There are registrable assets, in order to change the owner (s) of the assets.

All this with the purpose that the or the heirs, can execute the inheritance, sell to third parties or make use of the assets.

On the other hand, the estimated time of this procedure It is four to five months, if all the beneficiaries agree and present all the documents required by law

The time indicated is the estimate in the city of Buenos Aires, in other regions it may take longer.

In case if there is any rushOn the part of the heirs, it is necessary for the lawyer to consult the judge about the possibility of shortening the times.

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