American-US Heirs and Beneficiaries inheriting in Argentina

American-US Citizens Heirs and Beneficiaries inheriting

from a Buenos Aires Probated Estate in Argentina

Must-know about a Succession in Buenos Aires or Argentina

 

When an American or U.S. Citizen becomes an heir or beneficiary of an Argentine decedent there are a few scenarios to take into consideration.

A. Where did the decedent die? Argentina or Abroad?

If the decedent died in Argentina but owned property only in Argentina, then an Argentine death certificate will be necessary in order to initiate a succession in the Argentine probate court system. Other documents usually required are:

1. A marriage certificate of the decedent if they were married at the time of passing away; or a divorce decree if needed to prove they divorced before dying.
2. A birth certificate for each heir which will show that the decedent was an ascendant;
3.  A certified copy of the passport of each heir. A driver’s license will not suffice as the only document which is valid in Argentina for a foreigner is a passport, as it’s all a judge would accept once the foreigner “passed the port”.
4. Death certificates of any other heirs who should have inherited but have passed away.
5. Deeds to Real Estate and Land.
6. Documents that support the existence of vehicles, water, or air vessels.
7. Documentation to prove the existence of any alternative investments such as art collections, jewelry such as a Rolex watch or diamonds and vintage instruments, etc.
8. Bank Accounts, bonds, stocks, and shares of a company.

American-US Heirs and Beneficiaries inheriting in Argentina

 

If the decedent passed away abroad on the occasion of a trip or the person was a foreign resident, what must be obtained is a death certificate where the decedent passed away. That certificate must possess all the local certified stamps and must be apostilled and translated into Spanish.

If the heirs and/or beneficiaries to the Argentine estate are U.S. natural-born citizens or U.S. nationals they will need to present their birth certificates in original, certified, legalized, and apostilled version in order to be admitted to inherit in an Argentine probate court. They will also need to present a valid and unexpired passport. The case will also require the real estate trying to be inherited to be identified with an original deed. If that real estate deed is not available, an original will need to be obtained through a court order.

In order to file a probate case in Buenos Aires or anywhere in Argentina the documents that a court will require are a broad power of attorney so that an Argentine lawyer can represent the heirs/beneficiaries in succession proceedings, an attorney-client agreement, a certificate of residence in the USA -we provide this model- and two tax forms from Argentina’s tax agency to obtain a tax identification number (aka Argentine social security number).

In addition, any documentation that a US citizen brings from the United States of America should come without exception in the original version, certified, legalized, apostilled, and translated into Spanish.

For a consultation, call via WhatsApp: https://wa.me/19257918555 and or https://wa.me/5491141620021 or send a message through our contact form.

 

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