Inheritance and probate in Chile

Lawyer in charge: Javier Díaz Gurruchaga · Updated October 2026

When someone dies, their assets do not pass to the heirs automatically. First you must obtain the posesión efectiva, the decision that recognises who the heirs are; then declare and pay inheritance tax, if due, and register any real estate. Only then can the heirs sell, rent or divide the assets.

We handle probate, partitions and assignments of inheritance rights in Viña del Mar, Valparaíso and Quilpué, and we draft wills.

Where is probate requested?

• Without a will, for an estate opened in Chile: at any office of the Civil Registry (Servicio de Registro Civil e Identificación), under article 1 of Law Nº 19,903. Any person claiming to be an heir can file it.
• With a will, or for an estate opened abroad: before a civil court, usually that of the deceased’s last address. In court, the application must be filed through a lawyer.

Step by step, without a will

1. Gather the documents: death certificate, certificates proving kinship (birth, marriage) and a valued inventory of the assets: real estate with its tax assessment, vehicles, accounts and the rest.
2. File the application with the Civil Registry and pay the fee, if any.
3. Decision: the Civil Registry grants the posesión efectiva and records it in the National Probate Register.
4. Inheritance tax: if the estate is taxable, the tax must be declared and paid to the Internal Revenue Service (SII) within two years, as a rule from the date of death (article 50 of Law Nº 16,271). After that, interest is due. Depending on the amount and the heirs’ relationship to the deceased, many estates are exempt.
5. Registration of real estate: each property must be registered in the heirs’ names at the Real Estate Registry (Conservador de Bienes Raíces) where it is located. Until then, the heirs cannot dispose of it (article 688 of the Civil Code).

The assets then belong to all the heirs jointly, as a co-ownership of the estate.

Partition: when each heir wants their share

Any heir can ask to end the co-ownership, unless they agreed to keep it for a period of no more than five years (article 1317 of the Civil Code). If all heirs agree, the assets are divided by public deed; if minors or persons under guardianship are involved, court approval is also needed. If there is no agreement, an arbitrator (juez partidor) decides how to divide the assets and may order their sale at auction.

Selling your share before the partition

An heir can assign their rights in the estate to another heir or a third party by public deed, without waiting for the partition. It is useful when one heir wants out and another wants to keep the assets.

Wills

In Chile you cannot freely dispose of everything. When there is a spouse, children or other forced heirs, the law reserves half of the estate for their legal shares and a quarter for “mejoras”; only the remaining quarter is freely disposable. We draft wills that respect those rules and put your wishes in writing.

Frequently asked questions

Do I need a lawyer for probate?

Without a will, the heirs themselves can apply at the Civil Registry. With a will, it is handled by a civil court and must be filed through a lawyer. Advice is worthwhile in both cases when there is real estate, debts or heirs who disagree.

Is there a deadline?

There is no deadline to apply for probate, but there is one for inheritance tax: two years, as a rule from the date of death. Interest is due after that.

More detail on our Spanish page (in Spanish).