Who inherits without a will in Argentina?
In Argentina the spouse and the children share equally; the spouse takes half with the parents.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
The spouse inherits a share equal to each child's. Under the default community regime the spouse inherits only the deceased's own property, not the community property, which is divided first.
A spouse survives, but no children
With the parents or higher ancestors the spouse takes a half. With none, the spouse takes everything. The spouse can also keep living in the family home for life.
No spouse: who comes next
Descendants first; then the ascendants; then relatives up to the fourth degree. If none, the estate goes to the state.
A partner who is not married
A cohabiting partner (convivente) has no right to inherit, but has a right to live in the family home for up to two years.
What a will cannot take away
The 'legítima' protects the heirs: two thirds of the estate for the descendants, a half for the ascendants and a half for the spouse.
If the person or the property is abroad
Argentina applies the law of the person's last domicile to the estate, with rules for land.
Understand the legal system first
Argentina belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.
Read the Argentina legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Argentina? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
