Inheritance in Colombia: everything you need to know

Successions in Colombia: A Complete Guide

Successions are a crucial matter to avoid family problems and disputes. They arise upon the death of a person and are carried out to distribute the deceased's assets and liabilities (called the "causante") among the heirs (called "causahabientes"). To understand who can inherit, you can consult our article on Capacity to Inherit in Colombia. A lack of knowledge about successions often leads to problems in the procedures and distribution of assets. This guide explains how successions work in Colombia.

What are Successions in Colombia?

Upon a person's death, they leave behind their estate (assets and debts). Successions aim to equitably distribute this estate, according to a will or the law, among those entitled to inherit. In Colombia, successions are processed before a notary (with a will or agreement among heirs) or a judge (without an agreement or will). To learn more about the notarial process, visit Notarial Succession Procedures in Colombia.

Requirements for a Succession in Colombia

• Authenticated power of attorney from the heirs and surviving spouse for the lawyer.
• Succession application and inventory. Partition and allocation work with its respective annexes.
• Authenticated copy of the deceased's death certificate.
• Authenticated copy of the deceased's marriage certificate (if applicable).
• Authenticated copy of the birth certificates of the heirs.
• Copies of the deeds to the deceased's real estate (if applicable).
• Certificates of freedom and tradition of the deceased's real estate (with an issue date no older than 30 days).
• Tax receipts (current year's property tax and valuation clearance).

Types of Successions in Colombia

Colombian law outlines three types of successions in Article 1009 of the Colombian Civil Code:

“If the succession is by virtue of a will, it is called testamentary; if by virtue of the law, intestate or ab intestato. The succession of the assets of a deceased person may be partly testamentary and partly intestate.”

Testamentary Succession

This succession arises when a person, complying with legal formalities, expresses how they wish to distribute their assets among their heirs. It is carried out before a notary, who ensures the assets are distributed as stated in the will. Heirs (legatees) receive specific assets (in kind): a house, a car, etc. You can delve deeper into this topic by reading about Testamentary Succession in Colombia.

To prove their status as a legatee, the following documents must be presented:

• Authenticated copy of the death certificate.
• Birth certificate of the heirs.
• Authenticated copy of the marriage certificate (if applicable) or declaration of marital union.
• Copies of public deeds of the properties owned by the deceased.
• Certificates of freedom and tradition of said properties.

Intestate Succession

Also known as ab intestato, this arises when there is no valid will or the will has been denied. The succession is carried out before a judge, who will review the assets, create an inventory, liquidate them, and distribute them among the heirs according to the law. Heirs initially possess the assets universally; the judge must liquidate the assets, pay off debts, and distribute the surplus. Learn more in our article on Intestate Succession in Colombia: Everything You Need to Know.

For these procedures, the following documents are required:

• Death certificate.
• Birth certificates of the heirs.

Mixed Succession

This occurs when some assets are distributed according to a will, and others are not. A notary handles the distribution of the assets covered by the will, and the remaining assets are distributed through the intestate succession process.

Recommendations for a Succession in Colombia

• If the deceased was married, the marital community of property must first be liquidated (the spouse receives 50%). You can find more information in our article on Liquidation of the Marital or Patrimonial Community of Property.
• If the deceased's assets exceed 15 current legal minimum wages, a general power of attorney to a lawyer is necessary.
• If there is disagreement among heirs regarding the succession or the portion each is entitled to, or if an illegitimate heir appears, the process must be carried out through the courts.

Successions aim to preserve the estate and ensure the payment of debts. In Colombia, most successions are intestate, due to lack of knowledge of the law, its requirements, or the costs of making a valid will. Considering Succession Planning and Frameworks for Asset Protection in Colombia can be beneficial.

At Servicio Legal, we are experts in family law and can assist you with succession processes, whether testamentary or intestate. To contact us, click here.