If you need to manage an estate or inheritance in Colombia from abroad, it is important to know whether you can choose a notarial or judicial process.
Key differences between notarial and judicial succession
- Notarial succession (probate):
- Requires all heirs to be in full agreement.
- It is faster (3-6 months).
- It is processed before a notary public.
- Judicial succession (court probate):
- Applies when there are disagreements among the heirs.
- It takes longer (1-2 years).
- It is processed before a judge.
Requirements for both
- Civil death certificate of the deceased.
- Civil birth/marriage certificates of the heirs.
- Public deeds and certificates of title (certificados de libertad) for the assets.
- Power of attorney: So that a lawyer can act on your behalf.
Steps to choose the right succession process
- Meeting of heirs: Determine if everyone is in agreement.
- Legal consultation: A lawyer will evaluate the case and suggest the best option.
- Grant a power of attorney: This allows the lawyer to handle the process for you.
- Notarial or judicial proceedings: Depending on the agreement among heirs and the lawyer's recommendation.
Benefits for Colombians abroad
- You can avoid family conflicts by acting through a lawyer.
- You save time and costs by choosing the most suitable process.
- You maintain constant communication with your lawyer to resolve any questions.
