Inheritance Without a Will in Colombia: Who Inherits and How the Process Works
## Intestate succession: what it means
When a person dies without having made a will, their estate is distributed according to the rules of the Colombian Civil Code. This process is called intestate succession.
Article 1040 of the Civil Code sets out who the heirs are according to orders of inheritance.
The orders of inheritance
First order: descendants and children Children (legitimate, born out of wedlock, adopted) are the first heirs. If the deceased had a spouse or common-law partner, they share equally with the children, but the spouse has a right to a spousal share if they lack sufficient assets of their own.
Second order: ascendants and spouse If there are no children, the deceased's parents inherit. The spouse shares with them and receives at least a quarter of the estate.
Third order: siblings If there are no children or parents, siblings inherit. The spouse is entitled to a quarter.
Fourth order: nieces and nephews If there are no siblings, nieces and nephews inherit.
Fifth order: the ICBF (Colombian Family Welfare Institute) If no relative exists in any of the prior orders, the assets go to the State through the ICBF.
Common-law partners have rights
Since Constitutional Court Ruling C-238 of 2012, a common-law partner has the same inheritance rights as a spouse. To claim them, they must prove the common-law union (a minimum of 2 years of cohabitation).
The succession process
There are two paths:
1. Notarial succession (faster) Requires that all heirs agree and that assets have been identified. It's handled before a notary. Advantages: - Cheaper - Can be completed in 2–4 months - No court involvement needed
2. Court proceeding Mandatory when there are minor heirs, disagreement among heirs, or assets whose ownership is disputed. Timeline: 12 to 36 months on average.
Documents needed to start the process
- The deceased's death certificate
- The heirs' birth certificates
- Marriage certificate (if applicable)
- Property documents (deeds, title certificates, registration cards)
- The deceased's tax ID
The inventory of assets
One of the most important steps is identifying the deceased's entire estate: - Real estate (apartments, farms, commercial units) - Vehicles - Bank accounts - Investments - Assets owed to the estate (money others owed the deceased) - Debts (money the deceased owed — these are inherited too)
Important: inheriting also means inheriting debts. If debts exceed assets, heirs can renounce the inheritance to avoid taking on liabilities.
What happens to marital assets?
If the deceased was married under the marital-estate regime, the marital estate is settled first and the spouse receives their share. Only then is the inheritance distributed among the heirs.
Approximate costs
| Item | Estimate |
|---|---|
| Notarial process (heirs in agreement) | $1.5M – $4M COP |
| Court proceeding (with disputes) | $3M – $12M+ COP |
| Deed registration fees | 0.3% of the value |
| Registration tax | 0.5% – 1% of the value |
Mistakes that delay a succession
- Not updating property documents to reflect the deceased's name
- Not including all assets (especially bank accounts and shares)
- Heirs who don't communicate or live abroad
- Unknown debts that surface later
Did you lose a family member and don't know how to start the succession process, or is there disagreement among the heirs? We can guide you on the most efficient path for your specific case.
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