Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Estate law in Colombia is a complex and multifaceted area of law that deals with the distribution, management, and disposal of assets and property after a person has passed away. In Colombia, estate law is primarily governed by the Civil Code and the Code of Civil Procedure, which set out the rules and procedures for inheritance, wills, and probate.
One of the key principles of estate law in Colombia is the principle of universal succession, which means that when a person dies, their assets are automatically transferred to their heirs. This principle is based on the idea that all assets and property are part of a single estate that is passed down from generation to generation.
In Colombia, there are two main ways in which a person can dispose of their assets after they pass away: through a will or through intestate succession. A will is a legal document that sets out how a person wishes their assets to be distributed after their death. In Colombia, a will must be made in writing and signed in the presence of a notary public. If a person dies without a will, their assets will be distributed according to the rules of intestate succession, which are set out in the Civil Code.
Probate is the legal process through which a person’s estate is administered and distributed after they pass away. In Colombia, probate is handled notary or civil courts.
- 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.
One of the key issues in estate law in Colombia is the concept of forced heirship, which means that certain close relatives of the deceased are entitled to a share of the estate, regardless of the terms of the will. In Colombia, the Civil Code sets out the rules for forced heirship, which apply to spouses, children, and parents of the deceased.
Another important aspect of estate law in Colombia is the taxation of inheritances. In Colombia, inheritances are subject to a progressive tax rate, which varies depending on the value of the estate and the relationship between the deceased and the heir. It is important for heirs to be aware of their tax obligations and to seek advice from a tax professional if necessary.
Overall, estate law in Colombia is a complex and important area of law that plays a crucial role in ensuring the orderly transfer of assets and property after a person has passed away. By understanding the rules and procedures governing inheritance, wills, and probate, individuals can ensure that their assets are distributed according to their wishes and in compliance with the law.
If you need further information, please contact me for a consultation.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
