When a family member dies, along with the grief comes a legal process that many families do not know where to start with: probate (sucesión). Understanding what it is and how it works helps avoid unnecessary delays at an already difficult time.
What is probate (sucesión)?
It is the legal process that determines who the heirs of a deceased person are and how their assets are distributed among them. It is a necessary step before the heirs can legally dispose of properties, bank accounts, vehicles or other assets that remained in the deceased's name.
Types of succession
Testate succession
This applies when the deceased left a valid will. The process tends to be clearer and faster, because there is already a document stating how to distribute the assets.
Intestate succession
This applies when there is no will. In that case, the law determines who the heirs are and in what proportion, following an order of family priority. It usually takes longer because more facts must be proven before the court.
Documents usually required
- Death certificate of the deceased.
- Will, if there is one.
- Identity documents of the heirs.
- Certificates proving the family relationship (birth and marriage certificates, as applicable).
- Inventory of the deceased's assets: properties, accounts, vehicles.
General steps of the process
- Gather the documents of the deceased and the heirs.
- Determine whether there is a valid will or whether the succession will be intestate.
- File the petition to open the probate case before the competent court.
- The heirs are identified and notified, as recognized by law or by the will.
- The assets are inventoried and appraised.
- The court issues the award (adjudicación), which legally formalizes who receives each asset.
Common mistakes that prolong probate
- Not gathering the required relationship certificates in time.
- Disagreements between heirs that are not documented or resolved in time.
- Leaving assets out of the initial inventory, which forces additional proceedings later.
- Confusing intestate succession with a simple informal split among relatives — without the legal process, the assets are not validly in anyone's name.
This article is for information only and does not replace personalized legal advice. Every probate case has its own particulars depending on the family and the assets involved; it is best to review your case with a professional from the start.