Protection of family wealth through judicial and extrajudicial probate, succession planning, and asset distribution. Comprehensive legal advisory to ensure that inheritance is transferred with security and efficiency.
The area of inheritance and succession deals with the transmission of wealth after death, ensuring that the rights of heirs are respected and that asset distribution occurs in an organized and secure manner. We provide comprehensive advisory in judicial probate, notarial (extrajudicial) probate, succession planning, wills, and family holdings.
Judicial probate is the procedure conducted before the courts when there is dispute among heirs, high-value assets, minor or incapacitated heirs, or when the law requires judicial approval. The process ensures the identification of all assets, rights, and debts of the estate, as well as distribution in accordance with the decedent's wishes or the law.
Extrajudicial probate is conducted at a notary's office when all heirs are of age and capable, there is consensus among the parties, and there are no assets requiring judicial approval. It is faster and more economical than judicial probate, allowing completion in a shorter time and with reduced costs.
Succession planning allows you to organize the transmission of wealth during life or after death, reducing conflicts and taxes. It includes the preparation of wills, donations with reversion clauses, constitution of family holdings, and other strategies to protect family wealth.
Asset distribution is the stage in which the decedent's wealth is divided among the heirs, in accordance with the will or the order of succession established by law. We assist in negotiation among heirs, valuation of assets, and formalization of amicable or judicial distribution.
A will is the instrument by which a person disposes of their assets after death. It may be public (executed at a notary's office), private, or sealed. Advisory includes analysis of the most appropriate form, drafting of clauses, and follow-up of registration and execution of the will.
A family holding is a company constituted to manage family wealth, with succession, tax, and asset protection benefits. We assist in the constitution, transfer of assets, and structuring of succession through the holding.
Probate should be opened whenever there is a death of a person who leaves assets, rights, or debts to transmit. Common situations include:
There is no legal deadline for opening probate, but delay may result in penalties, interest, and difficulties for heirs. It is recommended to begin the process as soon as possible after death.
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