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Can a property be sold in succession? What is required in Buenos Aires and the Province? - Ambito Financiero
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www.ambito.com
October 08, 2025
By Jose Luis Cieri
When can the home be marketed? The role of heirs. Shortened tracts. Risks prior to the declaration. When is the money collected?
Signing ceremony: notary and family formalize the transaction of a property in succession. Pexels
A home in succession in Argentina can be put on the real estate market and sold if the file meets certain conditions and the documentation is in order. The judicial process determines who inherits and under what conditions they can dispose of the property, following formal steps under court supervision.
The succession of a property is usually organized in three stages : a preparatory phase prior to the declaration of heirs (edicts, official documents, and other formalities); the declaration of heirs itself; and finally, the declaration of assets, the partition, and the registration in the names of the heirs. The sale proceeds with the file in the state that authorizes it. The abbreviated tract allows for the deed to be issued directly in favor of the buyer without first registering the heirs, thereby avoiding the need for partition and prior registration, always with documentary and registry support.
Notary Public Julián González Mantelli , legal advisor to the Notary Public Association of the City of Buenos Aires, noted that the safest option is "after the declaration of heirs has been issued and the requested certificates have been obtained."
At this point, there is certainty about who will succeed the deceased or, if a will exists, about its approval. He also recognized an earlier option, albeit one with risks: selling early to resolve financial emergencies, for example when a close relative learns about the family history and decides to buy at a discount. In these cases, the buyer accepts greater exposure to potential creditors or third parties.
The "abbreviated tract" occupies a central place in this process. González Mantelli described it as a registration method that simplifies steps: instead of registering first in the name of the heirs and then in the name of the buyer, the deed transfers ownership from the deceased to the purchaser in a single tranche. "There is a legal fiction that allows ownership to pass from the deceased owner to the buyer, always supported by the file and the registry and tax documentation," he explained. This tool shortens timeframes and reduces ancillary costs associated with intermediate registrations.
Otegui agreed on the usefulness of the abbreviated tract and emphasized that it simplifies time and expenses if the file already meets the legal requirements. He clarified, however, that each jurisdiction sets its own guidelines. In Buenos Aires City, the Registry requires a partition agreement to register the deed under the abbreviated tract. In the province of Buenos Aires, this agreement is optional for now, although notarial practice recommends specifying the partition agreement to avoid subsequent conflicts.
González Mantelli noted that the payment can be divided into a deposit and a balance, as in a normal transaction: part due on the ticket and the remainder after 40 or 60 days, with the necessary documentation required by the Registry.
A correct appraisal is also key to ensuring that the property transaction goes well when it is under succession.
For his part, Guillermo Longhi , president of the Notaries Association of the Province of Buenos Aires, emphasized that the notary oversees compliance with all procedural steps: declaration, incorporation of the property, payment of fees, honoraria, and contributions. He emphasized that the abbreviated tract avoids prior registration in the names of the heirs, but does not exempt them from certificates, fees, and fiscal verification. In Buenos Aires Province, costs are calculated based on the fiscal valuation of the property and vary depending on the involvement of multiple properties or more than one deceased.
Otegui added that CABA requires a party agreement to register under abbreviated tract, while in PBA, this agreement is currently optional.
An appraisal plays a key role in avoiding property division disputes and adjusting price expectations. It is recommended that the value be aligned with the market value when offering the property. The appraiser or auctioneer can act as an intermediary and a bridge with the notary. In situations where there is disagreement between heirs, an objective appraisal regulates the division and facilitates the sale.
To organize the listing, it's a good idea to establish a schedule for certifications and payments. Specialists recommend listing the property with a clear condition: the title must be subject to a final declaration and certificates must be clear. The reservation must detail deadlines for reports and be clear of debts, and specify who will be responsible for each cost.
Base documentation for any jurisdiction
Specialists consulted agreed that the timing of the judicial process defines what type of commitment to assume and what safeguards to incorporate into the operation. Pexels
Points to consider in CABA
Points to consider in the province of Buenos Aires
Once the deed is signed, the heirs receive payment; the ticket and deed divide the payments, and the balance requires complete documentation and up-to-date fees.
Alerts that delay: title-land registry discrepancies, unregistered works, prohibitions, liens, unpaid expenses, and lawsuits; correct them beforehand or set conditions and deadlines on the ticket.
Longhi concluded that documentary compliance in Buenos Aires City or the Province, plus notarial oversight of each requirement, allows for a smooth closing when the succession meets the necessary conditions.
www.buysellba.com
Source:
¿Se puede vender una propiedad en sucesión?: qué se necesita en CABA y Provincia
En qué momento se puede comercializar la vivienda, rol de los herederos, el tracto abreviado. Riesgos previos a la declaratoria. Cuándo se cobra el dinero.
www.ambito.com
October 08, 2025
By Jose Luis Cieri
When can the home be marketed? The role of heirs. Shortened tracts. Risks prior to the declaration. When is the money collected?
Signing ceremony: notary and family formalize the transaction of a property in succession. Pexels
A home in succession in Argentina can be put on the real estate market and sold if the file meets certain conditions and the documentation is in order. The judicial process determines who inherits and under what conditions they can dispose of the property, following formal steps under court supervision.
The succession of a property is usually organized in three stages : a preparatory phase prior to the declaration of heirs (edicts, official documents, and other formalities); the declaration of heirs itself; and finally, the declaration of assets, the partition, and the registration in the names of the heirs. The sale proceeds with the file in the state that authorizes it. The abbreviated tract allows for the deed to be issued directly in favor of the buyer without first registering the heirs, thereby avoiding the need for partition and prior registration, always with documentary and registry support.
Notary Public Julián González Mantelli , legal advisor to the Notary Public Association of the City of Buenos Aires, noted that the safest option is "after the declaration of heirs has been issued and the requested certificates have been obtained."
At this point, there is certainty about who will succeed the deceased or, if a will exists, about its approval. He also recognized an earlier option, albeit one with risks: selling early to resolve financial emergencies, for example when a close relative learns about the family history and decides to buy at a discount. In these cases, the buyer accepts greater exposure to potential creditors or third parties.
Good coordination
Attorney Lucía Otegui , a real estate specialist, maintained that a sale is viable once the succession process is complete. In her experience, a smooth closing depends on coordination between the law firm and notary public and on early verification of liens, restrictions, and debts. She stated that the buyer needs to know the status of the case from the outset in order to establish deadlines and conditions.The "abbreviated tract" occupies a central place in this process. González Mantelli described it as a registration method that simplifies steps: instead of registering first in the name of the heirs and then in the name of the buyer, the deed transfers ownership from the deceased to the purchaser in a single tranche. "There is a legal fiction that allows ownership to pass from the deceased owner to the buyer, always supported by the file and the registry and tax documentation," he explained. This tool shortens timeframes and reduces ancillary costs associated with intermediate registrations.
Otegui agreed on the usefulness of the abbreviated tract and emphasized that it simplifies time and expenses if the file already meets the legal requirements. He clarified, however, that each jurisdiction sets its own guidelines. In Buenos Aires City, the Registry requires a partition agreement to register the deed under the abbreviated tract. In the province of Buenos Aires, this agreement is optional for now, although notarial practice recommends specifying the partition agreement to avoid subsequent conflicts.
Sale and when it is charged
The time of the sale determines the instrument. Before the declaration, the heirs can agree on a reservation or a ticket subject to conditions: price, term, delivery, and execution of the deed are all tied to the declaration and the absence of any measures preventing the transfer. Once the declaration is final or the will is approved, the notary's office evaluates whether a shortened tract is appropriate and proceeds with the deed of transfer.González Mantelli noted that the payment can be divided into a deposit and a balance, as in a normal transaction: part due on the ticket and the remainder after 40 or 60 days, with the necessary documentation required by the Registry.
A correct appraisal is also key to ensuring that the property transaction goes well when it is under succession.
For his part, Guillermo Longhi , president of the Notaries Association of the Province of Buenos Aires, emphasized that the notary oversees compliance with all procedural steps: declaration, incorporation of the property, payment of fees, honoraria, and contributions. He emphasized that the abbreviated tract avoids prior registration in the names of the heirs, but does not exempt them from certificates, fees, and fiscal verification. In Buenos Aires Province, costs are calculated based on the fiscal valuation of the property and vary depending on the involvement of multiple properties or more than one deceased.
Differences between districts
The differences between Buenos Aires City and PBA are primarily seen in the economic sphere and in certain formalities. González Mantelli noted that the Province has higher rates and applies the Tax on the Free Transfer of Property, which does not apply in the City of Buenos Aires.Otegui added that CABA requires a party agreement to register under abbreviated tract, while in PBA, this agreement is currently optional.
An appraisal plays a key role in avoiding property division disputes and adjusting price expectations. It is recommended that the value be aligned with the market value when offering the property. The appraiser or auctioneer can act as an intermediary and a bridge with the notary. In situations where there is disagreement between heirs, an objective appraisal regulates the division and facilitates the sale.
What papers are needed
Otegui listed the necessary bases: a court copy or digital proof of the completed file, an original title, up-to-date property taxes and fees, certificates of ownership of the property and heirs' disqualifications, certificates of transfer from the deceased, if any, and a land surveyor's report in cases where it is required. He noted that the seller is responsible for the title and land survey in the province of Buenos Aires, and that the fees can be agreed upon between the parties, often at the buyer's expense.To organize the listing, it's a good idea to establish a schedule for certifications and payments. Specialists recommend listing the property with a clear condition: the title must be subject to a final declaration and certificates must be clear. The reservation must detail deadlines for reports and be clear of debts, and specify who will be responsible for each cost.
Base documentation for any jurisdiction
- Probate file with a declaration of heirs or an approved will, with proof of finality or digital access at the court's reception desk.
- Title and background information.
- Updated certificates of ownership of the property and prohibitions of all heirs.
- Cadastral certificate and, if applicable, current land registry status.
- Free of debt on property taxes and municipal fees.
- Free of debt on expenses and administration certification if it is a horizontal property.
- Tax certificates of the heir-seller and COTI before AFIP when applicable.
- Registered powers if agents are acting.
- Judicial authorization in the presence of minors or persons with restricted capacity.
Specialists consulted agreed that the timing of the judicial process defines what type of commitment to assume and what safeguards to incorporate into the operation. Pexels
Points to consider in CABA
- Notary with protocol in CABA.
- Partition agreement required by the Registry for abbreviated tract.
- Domain reports and inhibitions from the City's Real Estate Registry, valid at the time of signing.
- Free of ABL debt and expense certificate.
- Stamp Duty Settlement according to local regulations.
- Exhibition of the declaration or will with proof of firmness in the deed.
Points to consider in the province of Buenos Aires
- Notary public registered in PBA.
- Land registry status and cadastral certificate in accordance with provincial regulations.
- Current ownership reports and inhibitions from the PBA Property Registry.
- Free of ARBA debt and municipal taxes, plus expenses if applicable.
- Stamp Clearance and Exemption Verification.
- Optional partitive agreement when registering by abbreviated tract, with a recommendation to specify it to avoid disputes.
- Calculation of rates, contributions, and registration based on the tax assessment; adjustments if multiple properties or more than one taxpayer are involved.
Risks and safeguards
Before the declaration, the buyer assumes the risk of undeclared creditors or heirs; in the open market, it's advisable to execute the deed afterward, with valid certificates.Once the deed is signed, the heirs receive payment; the ticket and deed divide the payments, and the balance requires complete documentation and up-to-date fees.
Alerts that delay: title-land registry discrepancies, unregistered works, prohibitions, liens, unpaid expenses, and lawsuits; correct them beforehand or set conditions and deadlines on the ticket.
Longhi concluded that documentary compliance in Buenos Aires City or the Province, plus notarial oversight of each requirement, allows for a smooth closing when the succession meets the necessary conditions.
www.buysellba.com
