What Is Probate and Why It Matters
Losing a loved one is always difficult, and navigating the legal process that follows can add confusion to an already emotional time. In Colombia, the legal procedure for distributing a deceased person’s estate is known as succession (or probate in some contexts). Understanding how this process works is essential to ensure that assets are transferred properly and fairly among heirs.
Whether your loved one left a will or not, this guide will walk you through the basic types of succession and the key steps involved in settling an estate in Colombia.
Types of Succession in Colombia
There are two main types of succession, depending on whether the deceased left a will:
1. Testate Succession (Con Testamento)
This occurs when the deceased person left a legally valid will outlining how their assets should be distributed. The will must be presented and validated through the legal process. Heirs and other beneficiaries must be identified according to the terms of the will.
2. Intestate Succession (Sin Testamento)
If there is no will, the estate will be distributed according to the rules set by the Colombian Civil Code. These rules establish a legal order of priority among heirs, starting with the spouse and children, then ascending to parents, siblings, and more distant relatives.
Key Steps in the Succession Process
Regardless of the type of succession, the process typically involves the following steps:
1. Gathering Documentation
To begin the process, you will need important documents such as:
- The death certificate
- The will (if applicable)
- IDs of the heirs
- Civil records (marriage and birth certificates)
- Certificates of property ownership and other financial assets
2. Inventory of Assets and Debts
A detailed list of the deceased’s assets and liabilities must be prepared. This includes:
- Real estate
- Bank accounts
- Vehicles
- Debts or pending obligations
This inventory serves as the legal foundation for distributing the estate.
3. Choosing Between a Notarial or Judicial Process
- Notarial Process (Via Notaría):
If all heirs are in agreement and legally capable, the process can be handled through a public notary. This is generally faster and less costly. - Judicial Process (Via Judicial):
If there are disagreements between heirs, underage heirs involved, or complex issues (such as debts or challenges to the will), the case must go through the courts. A judge will oversee the process and issue a ruling on how the estate should be divided.
Common Mistakes and How to Avoid Them
- Not including all heirs: Leaving out a legitimate heir can delay or invalidate the process.
- Ignoring debts: Failing to identify and settle outstanding debts can lead to future legal problems.
- Using outdated or incomplete documents: Always verify that all paperwork is current and correctly issued.
- Trying to skip legal steps: Succession must follow formal procedures. Informal agreements between family members may not be legally valid.
Seeking early legal guidance can help avoid these pitfalls.
We’re Here to Help
The probate process in Colombia doesn’t have to be overwhelming. With the right information and support, heirs can navigate succession efficiently and respectfully.
If you need guidance with a succession case, our team can support you every step of the way. At ELVATIA, we offer personalized legal advice to help you resolve inheritance matters with clarity and peace of mind.
