The law considers the decedent's family, the surviving spouse, and ultimately the state (Colombian Family Welfare Institute) to be legal heirs. The Colombian Civil Code regulates this matter in Articles 1045 to 1051, establishing the following:
- First Order: Children—legitimate, adopted, born out of wedlock, or born from a civil union.
- Second Order: If the deceased leaves no first-order heirs, they are succeeded by their parents (whether biological or adoptive) and their spouse (as long as they are NOT legally or factually separated).
- Third Order: If the deceased leaves no first- or second-order heirs, they are succeeded by their siblings. Full siblings (sharing both father and mother) will receive double the share of half-siblings (sharing only father or mother).
- Fourth Order: In the absence of first, second, and third-order heirs, nieces and nephews succeed the deceased.
- Fifth Order: If none of the above exist, the inheritance will correspond to the Colombian Family Welfare Institute (ICBF).
Important Clarifications:
- If the deceased was married, the marital estate (sociedad conyugal) must first be liquidated; this means the surviving spouse is entitled to 50% of the joint assets left behind.
- If the decedent was in a cohabitating union (unión libre) that was not legally declared during their lifetime, the surviving common-law partner must initiate a legal proceeding (before a judge) to declare the marital union before beginning the probate process.
- In the case of testate succession (via a will), the assets involved will be distributed among the legatees exactly as arranged by the decedent, without the need for judicial mediation. These assets can be received in full under a singular title. The notary will simply ensure that this distribution complies with the testator's will. The above applies provided the will complies with applicable law.
- If the succession process is carried out through court proceedings, the Judge will draft an inventory of the assets—which at that stage belong to all the heirs collectively, but to none individually. Once the heirs are determined and the inventory is complete, the judge will proceed to auction off these assets. This occurs because, under judicial probate, the law dictates that asset distribution must be made under universal title—meaning the heirs are entitled to a percentage share of the total estate rather than specific individual assets. This is why, following the auction of the assets, the corresponding shares are distributed to each entitled heir.
