Intestate Probates and Testamentary Successions: Explained
When it comes to the distribution of assets and properties after someone’s passing, two common legal processes in Argentina are intestate probates and testamentary successions. While both involve the transfer of assets, there are significant differences between the two.
Intestate probates occur when a person dies without leaving a valid will or testament. In this case, the distribution of assets is determined by the laws of intestacy. These laws vary depending on the jurisdiction, but generally, they prioritize the deceased person’s closest relatives.
During an intestate probate, the court appoints an administrator to manage the deceased person’s estate. The administrator’s role is to gather the assets, pay any outstanding debts, and distribute the remaining assets according to the laws of intestacy. The distribution typically follows a predetermined hierarchy, starting with the surviving spouse and children, and then extending to other relatives if there are no immediate family members.
On the other hand, testamentary successions occur when a person dies with a valid will or testament. This document outlines the deceased person’s wishes regarding the distribution of their assets. It can specify who will inherit specific properties, how debts should be settled, and even appoint an executor to oversee the process.
Testamentary successions follow the instructions outlined in the will. The appointed executor is responsible for ensuring the deceased person’s wishes are carried out. This includes gathering the assets, paying any outstanding debts, and distributing the assets to the named beneficiaries.
The main difference between intestate probates and testamentary successions lies in the presence of a valid will. In intestate probates, the court determines the distribution of assets based on the laws of intestacy. In testamentary successions, the distribution is guided by the deceased person’s own wishes as outlined in their will.
Another significant difference is the role of the administrator or executor. In intestate probates, the court appoints an administrator to handle the estate, while in testamentary successions, the executor is named in the will. The executor’s role is to ensure the deceased person’s wishes are carried out and the assets are distributed accordingly.
Understanding the difference between intestate probates and testamentary successions is crucial for anyone navigating the legal process of asset distribution in Argentina. Whether a person dies with or without a will, the laws and procedures that govern these processes are designed to ensure a fair and orderly distribution of assets.
If you find yourself in a situation where you need to navigate either an intestate probate or a testamentary succession, it is advisable to seek professional legal advice. A qualified attorney can guide you through the process and help ensure that the distribution of assets is carried out in accordance with the applicable laws.