The Inheritance Process in Colombia: Steps and Required Documents

When a person dies in Colombia, their assets must be distributed among the heirs through a succession proceeding. There are two available paths: the notarial route (faster) and the judicial route (required when there is a dispute).

Notarial vs. Judicial Succession

Notarial succession: - Requires that at least one heir be of legal age and have full legal capacity, and that all interested parties reach an agreement (minors or persons with disabilities may participate through a guardian or curator without this automatically closing off this option) - Processed before a notary (notaría) - Timeline: 1 to 3 months - Lower costs

Judicial succession: - Applicable when there is a genuine disagreement among capable heirs, when heirs are missing, or when assets are in dispute - Processed before a judge - Timeline: 1 to 3 years - Legal representation is mandatory

Required Documents

1. Death certificate (registro civil de defunción) of the deceased
2. Birth certificates (registro civil de nacimiento) of all heirs
3. Marriage certificate (registro civil de matrimonio), if applicable
4. Title deeds for any real property
5. Updated certificates of title and encumbrances (certificados de tradición y libertad)
6. Inventory of the deceased's assets and liabilities
7. Will (testamento), if one exists

Steps in the Notarial Process

1. Gather all heirs and reach an agreement on how the estate will be distributed
2. Retain an attorney to draft the succession deed (escritura de sucesión)
3. Sign the deed before a notary in the presence of all heirs
4. Register the deed with the Office of Public Instruments (Oficina de Registro de Instrumentos Públicos)
5. Update the property records (matrículas inmobiliarias) to reflect the new owners

Most Common Issues in Succession Proceedings

• Heirs who cannot be located or refuse to sign
• Properties lacking proper title deeds or with legal irregularities
• Debts left by the deceased that affect the estate
• Contested wills
• Assets located abroad

Approximate Costs

For a notarial succession involving a single property valued at COP $200,000,000, total costs—covering notary fees, registration fees, and the registration tax—typically range between COP $3,000,000 and COP $6,000,000. Attorney's fees are agreed upon separately.

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