Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
With my 17 years of experience, I can tell that Probate is the legal process that takes place after a person passes away to manage and distribute their assets and settle any debts they may have left behind. In Colombia, probate procedures are governed by the Civil Code and are overseen by the court system.
When a USA citizen dies in Colombia, their estate is typically subject to probate if they owned assets in their name alone or if they did not have a valid will in place. The probate process starts with the filing of a petition in the appropriate court to open an estate and appoint a personal representative, known as an executor or administrator, to oversee the process.
One important fact is that US estate or probate procedure are not valid in Colombia. Because the law of the land, properties in Colombia should be ruled by Colombian probate law.
In Colombia there are two ways to do the probate procedure for US citizens who died in Colombia.
- Notary. Only works if all beneficiaries are adult and there is collective agreement of how the distribution is done and the way of paying the debts of the deceased.
The process can only do through lawyer, and he will do the entire process and notary will produce at the end a probate public document.
- Civil court. When one of the beneficiaries is a minor or there is a dispute in the process, the civil court will do all the process. You need an attorney to file or answer the lawsuit of probate procedure and assist you in the hearings of inventory and appraisal, and in the distribution hearing.
This process may involve reconsideration and appeal motions and getting expert witnesses to evaluate the properties left.
The court with the assistance of the lawyers will be responsible for identifying and valuing the deceased person’s assets, paying any outstanding debts and taxes, and distributing the remaining assets to the heirs as outlined in the will or as determined by law if there is no will. The probate process can be lengthy and complex, depending on the size and complexity of the estate, and may involve court hearings, appraisals, and accounting of assets and liabilities.
It is important for the personal representative to keep accurate and detailed records of all transactions and communications related to the estate to ensure transparency and accountability.
In Colombia, probate proceedings are typically managed by the Civil Courts, and the process can vary depending on the jurisdiction and the circumstances of the estate. It is advisable to seek the advice of an experienced probate attorney to guide you through the process and ensure that all legal requirements are met.
Overall, the probate process in Colombia can be complex and time-consuming, but it is necessary to ensure that the deceased person’s wishes are conducted and that their assets are distributed fairly and in accordance with the law. By following the proper legal procedures and collaborating with qualified professionals, you can navigate the probate process successfully and provide peace of mind for your loved ones.
If you need further information, please contact me for a consultation.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
