The cost of a probate proceeding depends not only on the value of the estate, but also on how far the heirs need to take the process and whether they agree.
There is no single price for handling a succession in Córdoba, but that does not mean it must cost a fortune. Many family estates are straightforward: the heirs are adults, they agree, and they only need a declaration of heirs or a consensual distribution. In those cases, there is no need to pay for a court-ordered partition or for every professional task that might arise in a disputed estate.
Key point: the family pays for the legal path it actually needs, not for every possibility contemplated by law. When there are no disputes or incidental proceedings, the process is simpler and Córdoba Law 9459 itself reduces the applicable attorneys’ fee scale.
The first distinction: a declaration of heirs is not the same as distributing the estate
A declaration of heirs (declaratoria de herederos) is the court decision identifying the persons who inherit when there is no will covering the entire estate. Although children, parents and the surviving spouse acquire hereditary status upon death, the Argentine Civil and Commercial Code requires judicial recognition before registered assets can be transferred.
The declaration may be enough when the heirs only need to prove their status, manage the estate or prepare a later decision. If they want a house to be registered solely in one heir’s name, divide several assets, sell real property or end the undivided estate, they must take an additional step. This is why two estates with similar assets can have very different costs.
If you are still deciding whether a case must be opened, our Spanish-language guide on what happens when a succession is not completed explains which transactions remain unavailable while the property is still registered in the deceased person’s name.
Four possible paths after a death
1. Obtain only the declaration of heirs. The case is filed, civil-status certificates are submitted, known heirs are identified, statutory notice is published and the court issues its decision. The assets have not yet been partitioned.
2. Sell through tracto abreviado. After the declaration, the heirs sell directly to a third party without first registering the property in their own names. This shortened chain of title avoids an intermediate registration, but it does not eliminate the succession proceeding, attorneys’ fees, court fees or notarial expenses.
3. Enter into a private partition and distribution agreement. If all heirs are present, legally capable and in agreement, they may unanimously decide how to divide the estate. In Córdoba, a private distribution can be prepared for registration through the lawyer handling the relevant proceeding or through a public deed executed before a notary, depending on the property and the chosen route.
4. Complete a judicial inventory, valuation and partition. This route is required when the law calls for court supervision or when the heirs cannot agree. It may involve an inventory professional, appraiser or partition specialist, objections and court decisions regarding each heir’s allotment.
Article 2369 of the Argentine Civil and Commercial Code allows a private partition when all co-heirs are present, capable and unanimous. Article 2371 requires a judicial partition when an heir is absent, lacks full legal capacity, an interested third party objects, or the capable heirs cannot reach an agreement.
How Córdoba Law 9459 calculates attorneys’ fees
Córdoba Law 9459, as amended by Law 11,042, operates as a supplementary fee regime when there is no fee agreement. Lawyer and client may agree in writing on the amount, payment method and timing within the legal limits. If the court must set the fees, the economic basis, the statutory scale and the work actually completed become relevant.
For legal work benefiting the estate as a whole, the regulatory basis is the property to be divided, including marital-community property when applicable. This does not necessarily equal the asking price imagined by the family or a figure shown in a real-estate listing. When several lawyers participate, the law also distinguishes work benefiting the entire estate from work performed only for a particular heir.
In simple terms, the law divides the work into stages: filing for the declaration of heirs, completing that stage, inventorying and valuing the assets when necessary, and finally partitioning them. If the family only needs the declaration, the matter should not be calculated as though inventory, valuation and partition had also been completed.
Moreover, when there are no incidental proceedings or disputes, Article 58 applies only sixty percent of the scale. Put differently, the court-awarded fee is forty percent lower than the amount corresponding to the full statutory route. If the scale produced one hundred units, an uncontested succession would use sixty.
One clarification is essential: that sixty percent is not calculated directly on the value of the house. A much smaller statutory fee percentage is first determined on the applicable basis, and only then is the reduction applied. The twenty-five percent mentioned in Article 36 is a statutory ceiling for the general scale, not an automatic percentage or the normal cost of every succession. In practice, a written fee agreement can also state from the outset how much will be paid at each stage.
Practical advice: before starting, try to agree in writing on the fees for all reasonably foreseeable work. The agreement should state whether it covers only the declaration of heirs or also distribution, registration, a tracto abreviado sale or partition; how payment will be made; and which extraordinary tasks remain outside the estimate. This clarity helps prevent surprises and lets you know from the outset what you are paying for.
Would you like an estimate for your case?
With a few basic facts, we can identify whether you need only a declaration of heirs, a distribution, a tracto abreviado sale or a partition, and explain which expenses actually apply.
How tracto abreviado and out-of-court partition work
Tracto abreviado is sometimes described as a way to “avoid probate,” but that is inaccurate. To sell real property through this route, the heirs need a declaration of heirs and the documents allowing the notary to execute a deed directly from the deceased registered owner to the buyer. Our detailed Spanish-language explanation of tracto abreviado discusses its requirements and effects.
Article 59 of Law 9459 provides that, for an out-of-court partition or a transfer through tracto abreviado, the notary must have a certified copy of the declaration issued for that purpose. The court may not issue it until the participating professionals’ fees have been assessed and paid, unless they expressly consent. The route can therefore reduce registration steps, but it does not eliminate the professional work completed beforehand.
Inventory, valuation and partition: when other professional fees arise
An inventory identifies the assets forming the estate, while a valuation assigns them a value close to the date of partition. The Argentine Civil and Commercial Code allows the heirs to replace a formal inventory with a declaration of assets when all co-owners of the undivided estate agree, unless a creditor requested an inventory or the law requires one.
When a formal operation is required, a professional may act as inventory specialist, appraiser or partition specialist. Law 9459 regulates these fees separately from those of the lawyer handling the case, even when the same person performs both functions. For inventory and valuation together, it provides between thirty and fifty JUS, capped at one percent of the value of the assets. For partition and distribution, it provides one percent of the estate to be divided; and for a declaration, valuation and distribution of assets, two percent.
These charges do not accumulate automatically. A straightforward declaration involving adult heirs, complete documentation and agreement normally does not require an inventory specialist, appraiser or partition specialist. Those costs arise only when the chosen route or an actual dispute requires the corresponding work. Questions about which assets belong to the estate, their value or each heir’s share may generate additional proceedings and fees.
2% court fee, 1% Lawyers’ Fund contribution and other expenses
Court fee. For 2026, the general rate was reduced from three to two percent. It is calculated on the basis legally applicable to the proceeding, not on an informal figure chosen by the parties.
Lawyers’ Fund contribution. The contribution to the Córdoba Lawyers’ Fund is one percent of the applicable basis. It is separate from the lawyer’s professional fees.
Document expenses. These may include civil-status certificates, reports, statutory notice, certificates, court communications and documents relating to the assets. The amount depends on the family and the estate.
Registration and deed. Distributing, registering or selling real property can generate registration expenses and, when a notary participates, notarial fees and charges.
The Córdoba Judiciary reported that the court-fee rate applicable during 2026 is two percent. A one-percent contribution to the Lawyers’ Fund is added. As a quick reference, that means two percentage points for the court fee and one for the Fund, calculated on the applicable legal basis. These amounts are not the lawyer’s fee and are not percentages applied to an informally selected value.
Attorneys’ fees must also be distinguished from case expenses. A professional estimate may include certain filings or advances, but court fees, contributions, reports, registration and the deed are separate items. When comparing proposals, ask for a clear statement of what is included and what must be paid separately.
Practical example: one house and two heirs
Suppose a person dies owning a house in Córdoba and leaves two adult children. Both agree and have all the required certificates. If they need only the declaration of heirs, the work ends at the first stage and there is no distribution yet. If a buyer appears, they can consider a tracto abreviado sale. If one child wants to keep the property and compensate the other, they can prepare a private partition and use the appropriate route for registration.
The situation changes if one heir disputes the house’s value, questions the other heir’s share or refuses the proposed distribution. An inventory and valuation may then be necessary, along with a partition specialist and court-supervised division. The estate is the same, but the work, time and professionals involved are different. That is why a single isolated figure cannot seriously answer the question “How much does probate cost?”
How long a succession proceeding can take
The law does not establish a single deadline for the entire process. An uncontested declaration of heirs may be completed within several months, but that does not necessarily include registration, distribution or a sale. Timing depends on obtaining certificates and reports, publishing statutory notice, correcting differences in names or documents and receiving the necessary court decisions.
When all heirs agree, the later stage can be organized more predictably. If someone must be located, additional assets are reported, accounts must be rendered, valuations are disputed or a judicial partition becomes necessary, the process can last well over a year. The best way to reduce delays is to decide early what should happen to each asset and gather the documentation before requesting unnecessary procedural steps.
Frequently asked questions
Can I obtain only the declaration of heirs and decide later? Yes. The declaration identifies the heirs. Distribution, registration or sale can be arranged at a later stage.
Does tracto abreviado avoid the cost of probate? No. It avoids an intermediate registration, but still requires a declaration of heirs, professional assistance, a deed and payment of the applicable expenses.
Must a private partition always be executed before a notary? No. When the legal requirements are met, a private distribution in Córdoba may be prepared for registration through the lawyer or by public deed, depending on the chosen alternative and type of asset.
Does every succession require an inventory specialist, appraiser and partition specialist? No. Their involvement depends on the route used, the composition of the estate, the heirs’ legal capacity and whether there is agreement or a dispute.
Do you need to know which route is best for your succession?
We can review the assets, the level of agreement among the heirs and the result you are seeking to estimate the required stages, expenses and appropriate strategy. At Herrera & Flamenco Abogados, we use clear written estimates that identify the stages included in our work, the agreed professional fees, and the court fees, contributions or expenses payable separately.
Tell us what you need to do
Share the basic facts about the succession, and we will contact you to review the appropriate route.
Herrera & Flamenco Abogados · Córdoba, Argentina