What happens to real estate in the Argentine Republic when the owner dies abroad?
It’s crucial to understand the management of real estate in the Argentine Republic when the owner passes away overseas. In these situations, Argentine courts have jurisdiction over all real estate within the country’s borders, and they apply the relevant Argentine law.
Jurisdiction and Competence
In these cases, courts determine competence based on the real estate’s location, which means the usual attraction jurisdiction of other proceedings doesn’t apply. Therefore, while the rest of the succession procedures will occur in the court with jurisdiction over the deceased’s last domicile abroad, any matters concerning real estate in Argentina must proceed before an Argentine judge. Notably, if initiating the process due to real estate in Argentina, the court’s competence exclusively extends to those assets. Also, jurisdiction and law applicable in a foreign country come into play when the deceased had their last domicile there.
Succession Procedures
When real estate assets are part of the deceased’s estate, one must follow specific steps for proper succession. The proceedings begin in the court with jurisdiction over the deceased’s last domicile abroad, which will handle all succession aspects except for the real estate in Argentina.
For the Argentine real estate, a separate process must start before the appropriate Argentine judge, who will decide and resolve any disputes concerning that property. It’s critical to apply Argentine law to the real estate in Argentina, meaning that Argentine laws and regulations will dictate the succession and resolution of any property-related conflicts. In conclusion, when an owner of real estate in the Argentine Republic dies abroad, Argentine courts have jurisdiction over these assets.
The courts base competence on the property’s location, and they apply the relevant Argentine law. The judge with jurisdiction over the deceased’s last domicile abroad will handle the rest of the succession, while an Argentine judge will process matters related to real estate in Argentina. Adhering to the correct legal procedures is important for ensuring a smooth and just succession.