Notarial probate proceedings in Colombia

Pursuant to Decrees 902 of 1988 and 1729 of 1989it is possible to carry out the liquidation of inheritance through notarial inheritance procedure in Colombia and without the need for the the performance of a juez of a judge..

It is relevant to the extent that when successions are processed by common agreement among successors (heirs, legatees, creditors…), etc), it is not necessary to comply with certain contentious and solemn parameters of a judicial process, benefiting the parties in terms of the speed of the development of the process and the promptness of its outcome.

Additionally, the law, by means of Decree 902 of 1988, was competent to attribute this type of inheritance to the notary to attribute this type of succession to the notarial sphere, since it is a very simple and economic procedure.

It should also be noted that the time duration dthe notarial process of succession in Colombia is as follows minimum compared to the period of time that would have the same process by way of judicial, since this implies terms much more long, as well as are avoided the solemnities that are not taken into a notarial succession.

It is thus empowering the heirs, legatees, surviving heirs, legatees or surviving spouses or their assignees, chen it is found necessary, so that the parties capable can proceeder by mutual agreement.

This article will explain will explain some practical issues to take into account regarding the notarial probate process in Colombia..

Who can carry out the notarial inheritance process in Colombia?

They are empowered to request or carry out The notarial succession process is initiated by all heirs, legatees or successors, in particular title to the inheritances and named in said will, the surviving spouse, third parties to whom an assignment or transfer of assets is made, and the estate creditors.

General instructions for processing a succession through a notary’s office

Before applying for notarial succession, it should be noted that:

• All petitioners or heirs must act in common agreement when requesting such inheritance.
• Said common agreement between the heirs must remain in force during the entire duration of the procedure.
• This behavior must be common among the parties involved in the act, without any difference existing between them. Otherwise, the notary will request the return of the file, thus terminating this procedure. As it is a voluntary procedure, in case of differences between the interested parties, a competent judge must be seized, dThe notary will lose all arbitration before this act.
• At at least one of the interested parties must be of legal age to opt for the notarial process.

Documents required to file the notarial inheritance procedure in Colombia

To must be submitted the following data and attachments:

Data to be included in the application

• Name and residence of the interested parties; indicating the interest they have in formulating said request.
• The name and last domicile of the deceased, and in case the deceased has had several addresses, the name of the principal place of business.
• In the case of an heir, the statement that he accepts the inheritance outright or with benefit of inventory. If there is silence in this respect, it will be understood that you accept the second form.
• The petitioners or their attorneys-in-fact shall affirm, under oath, which shall be deemed to have been taken, that they know of no other interested parties of equal or better right than those held by the heirs, legatees, surviving spouse or partner, assignees thereof or the hereditary creditor and, furthermore, that they do not know of the existence of other legatees or creditors other than those set forth in the lists of assets and liabilities accompanying the petition.

Attachments to the application

• Civil registries and copies of identification cards of the interested parties to prove the relationship. (In the case of an intestate succession)
• If the estate is testate, a registered copy of the will.
• Civil registry of birth and death of the deceased.
• Deeds and tax receipts and / or peace and salvage of real estate if any.
• Vehicle ownership card, proof of payment of motor vehicle tax.
• Proof of the invoked credit, if the applicant is a hereditary creditor.
• Deed of assignment, if the interested party is the transferee or if inheritance rights have been transferred inheritance rights.
• Inventory and appraisal of assets, and others.
• Power of attorney.
• Civil registration of marriage or proof of marital de facto existence and patrimonial partnership in the case of surviving partner.
• If the marriage or births of the persons concerned occurred before June 15, 1938, they may attach baptismal certificates.

What should the liquidation of the estate contain?

1. The list and inventory and appraisal of the relict assets.
2. The project of partition or adjudication.

It is customary that the request is made separately from the inventories of the inventories and the partition, in order to keep a better order in the process, however all must be must be submitted in order to to start thel respective notarial process.

In the event that the application does not meet the stipulated requirements, the Notary must return all the documentation to its place of origin, in order to take into account all the observations that, as a result of the legality control, the Notary may wish to record in writing, with the respective motivations, in order to straighten out as far as possible the development of the application.1.

What is the step-by-step procedure for a notarial inheritance in Colombia?

To carry out a notarial succession procedure in Colombia, it must be kept in mind first of all, that all those involved in the process are in a position to meet with each other.an by mutual agreement, and on the other hand, that you be granted power of attorney to a lawyer, if necessary, who will be in charge of the and submit an application in the name of the heirs and where attach documents such as:

• Power of attorney granted to the attorney.
• Inventories of assets, obligations and rights belonging to the deceased.
• Appraisal of the aforementioned inventories.
• Liquidation and partition of the respective inheritance.

Once the attorney attorney-in-fact or the applicant corresponding documents and they are in accordance with the law. in accordance with the lawthe notary’s office will proceed to send notification to the Superintendencia de notariado y registro, and the DIAN respectively.

This is the purpose of that some interested persons who have not been informed of this act may make their corresponding claim. Therefore aboveabove, it is necessary to interpose an edict and this will be made public in the media, such as the such as such as the press and the radio.

Edict and term of summons

The term of the summons begins to run exclusively from the effective publication in the newspaper, which can be accredited by the interested party or the The proxy, if it is the case, with the contribution of the edict, for which it is enough with the delivery of the page in which such publication can be appreciated, complying with the parameters of paragraph 3 of the Decree Law 1729 of 1989.

On the other hand, if the edict was broadcast by radio, certification of its execution by the legal representative of the radio station must be presented.

Acceptance certificate

Once the documents and the application are in order, the Notary will draw up an enumerated act accepting it, in which the fact of the presentation of the application will be recorded and will order the posting of an edict for ten (10) days in the secretary’s office of the notary’s office and its publication in the written press of wide circulation, so that the persons who believe they have the right to participate in the process may do so. inheritance intervene in it. Likewise, the edict will be broadcast in a local radio station, if any.2

To sign the public deed, it is necessary then thatthat all the parties parties to the succession must be be in good standing.. The attorney-in-fact who is carrying out the proceeding, by virtue of hisin the exercise of his or her functions, shall be in charge ofá that all requirements are met.

In the absence of an agreement between the heirs between the heirs, a judicial proceeding will have to be carried outwhich will be carried out through a lawyer through a lawyerand it must be taken into account that this procedure will take much more time..

What are the costs of a notarial probate proceeding in Colombia?

• Notary fees, which arewhich are are taken into account for the settlement of the fees and the amount of the inheritance.
• Property subject to registration must pay the taxes required by law.
• Fees negotiated with the selected attorney if required. If the sum of the assets of the inheritance does not exceed 15 SMLV, the performance of a lawyer is not mandatory. In the event that the amount exceeds this amount, a lawyer is required.

Duration of the notarial probate process in Colombia

When the notarial process of succession in Colombia is carried out in carried out by common agreement between the heirs, and does not exceed the amount of 15 SMLV, it does not does not require and will have an approximate duration of approximately of 15 days.

On the other hand, if this succession toonly being by mutual agreement, arrives at overcomesr 15 SMLV, to should grant power of attorney to a lawyer to carry out the notarial process, y in this case could have a duration two to three months.

Returns

In the following cases el notary is empowered to terminate ther termination of the proceeding4:

a.When a direct interested party dies and one of his heirs revokes the power of attorney initially conferred by the former, or when an incapacity occurs in the head of any of the interested parties in the succession.

b.When there is disagreement or controversy among the initial interested parties or in the event of a new interested party that does not agree with the previous ones.

c.When information on executors, surviving spouse, hereditary or testamentary creditors, assets, business partners, trustees or heirs is omitted.

d.
When those previously named are presented to the process and do not agree or declare non-existent liabilities or wills granted by the testator..

e.When it is demonstrated that another liquidation of the same succession is being processed, judicially or notarially.

f.
When two (2) months have elapsed from the date on which the deed of liquidation of the inheritance must be signed and it has not been signed, it is considered, therefore, that the interested parties have withdrawn from the process.

Conclusions

Ehe process of notarial succession in Colombia is presented in the presented when the heirs meet three requirements: in the first place, they are fully capable, secondly, they proceed by common agreement, and lastly, presentaThe parties shall file a written statement through a legal representative. (when this is necessary since the assets assets left behind by the deceased exceed 15 legal minimum wages in force). It must be carried out before the notary to make the process of property distribution.t the notary to carry out the process of property distribution.

It should be kept in mind that the request must be presented in person by the attorney-in-fact before the notary of the notarial circle corresponding to the last domicile of the deceased.. In the case of having several domiciles, the domicile of the the one of the principal place of business.

Ehe notarial process of succession in Colombia, as it is voluntary, is ao and lacking conflict between heirs, it is a very agile process, contrary to the succession process before a judge, which can reach can take can take years depending on the disposition of the heirs participating in the process. the heirs participating in the process.