Inheritance Proceedings from Abroad: A Feasible Process That Requires Personalized Legal Guidance

In today’s context of increasing international mobility, it is becoming more and more common for the heirs of individuals who passed away in Chile, or Chileans who passed away abroad, to reside outside the country. This reality presents both practical and legal challenges when it comes to accessing inherited assets, especially when handling inheritance proceedings from abroad.

Inheritance proceedings are the legal process through which heirs are officially recognized, allowing them to dispose of the assets that form part of the estate. This process can be carried out administratively (before the Civil Registry) or through the courts, depending on the circumstances.

For heirs living abroad, the process is entirely feasible, but it requires careful planning and compliance with certain requirements:

• Representation in Chile: It is necessary to grant a power of attorney to a lawyer in Chile who can act on the heir's behalf. This power of attorney must be signed at a Chilean consulate in the country of residence, then legalized by the Chilean Ministry of Foreign Affairs, and finally notarized by a public notary in Chile.

• Proper documentation: The required documents (such as death, birth, or marriage certificates) must be up to date, and if obtained abroad, must meet the legalization or apostille requirements in order to be valid in Chile.

• Determining the type of proceedings: The applicable procedure depends on the place of death and the existence of a will. If the person passed away in Chile, the process can be carried out administratively before the Civil Registry, without the need to go to court. However, if the person died abroad or there is a will, the process must go through the courts. In such cases, the competent court will be determined based on the deceased’s last domicile in Chile.

• Taxes and obligations: Once inheritance proceedings have been completed, the heirs must declare and pay the inheritance tax, if applicable. Legal guidance is essential to properly complete this step.

• Transfer of assets: After the proceedings are finalized and registered either with the Civil Registry or by judicial ruling, the heirs can begin the procedures to transfer ownership of assets such as real estate, vehicles, or shares. This step is crucial for the heirs to legally dispose of the inherited property.

We have assisted numerous clients in managing inheritance proceedings involving heirs residing outside Chile. We understand that, beyond the legal aspects, this process often involves significant emotional weight. Our approach combines legal rigor with human sensitivity, ensuring that your rights as an heir are respected, no matter where you are.

If you are abroad and need to initiate inheritance proceedings in Chile, with the right guidance, the process can be carried out in an orderly and efficient manner.

For more information or legal advice regarding this process, feel free to contact us.This article does not constitute legal advice.