Has a Loved One Passed Away in Chile? Everything You Need to Know About the Posesión Efectiva (Probate Process)

Losing a loved one is never easy - especially when you're living far away. If you live in Australia and a family member has passed away in Chile, dealing with legal matters from abroad can feel overwhelming. One of the most important legal steps in this situation is the ‘posesión efectiva’, Chile’s version of the probate process.

At our law firm in Australia, we provide legal assistance in both English and Spanish, helping you manage the entire process from here - without the need to travel to Chile. In this article, we explain what posesión efectiva is and how we can support you every step of the way.

What Is Posesión Efectiva?

Posesión efectiva is the legal process in Chile that officially recognises the heirs of a deceased person and gives them the right to access and manage the assets left behind. Without completing this process, heirs cannot legally sell, transfer, or manage any part of the estate - including real estate, vehicles, pension funds (AFP), bank accounts, insurance policies, or investments.

Where Is the Process Carried Out?

It depends on whether the deceased left a will:

• Without a will (intestate succession):
  The process is handled administratively through the Chilean Civil Registry. This is the most common and generally faster option.

• With a will (testate succession):
  The process must go through the Ordinary Courts of Justice in Chile. This involves judicial proceedings and may take longer.

What Documents Are Required?

• Death certificate of the deceased in Chile.

• Birth and marriage certificates of the heirs.

• Detailed inventory of the estate (properties, vehicles, bank accounts, pension funds, etc.).

• A valid will, if one exists.

• Powers of attorney if the process is being handled from abroad (we can assist with this).

How Long Does the Process Take?

The posesión efectiva process typically takes between 3 and 6 months (although it may take longer in some occasions), depending on:

• The number of heirs.

• The complexity of the estate.

• Whether or not there is a will.

In general, the administrative process through the Civil Registry is quicker than the judicial one, but each case is unique.

What Happens After the Posesión Efectiva Is Granted?

Once the process is complete, the heirs must:

• Pay or declare exemption from inheritance tax with the Chilean tax authority (SII). This tax is progressive; it ranges from 0% to 25% of the value of the inheritance, depending on its amount.

• Register the inherited assets with the appropriate public registries (e.g., real estate with the Conservador de Bienes Raíces).

• Divide the estate among the heirs if there is more than one (known as the partition process).

Why Is Legal Assistance Important?

Handling this process from Australia can be complicated due to:

• Time zone differences.

• Language barriers.

• Lack of familiarity with Chilean legal procedures.

• The need to legalise and submit official documents.

We can help you by:

• Providing legal advice in English or Spanish.

• Collecting and legalising all required documents.

• Representing you before Chilean authorities.

• Coordinating with notaries, the Civil Registry, the tax authority (SII), and other institutions.

• Guiding you through the entire process - from probate to distribution of the estate.

Living in Australia and Need Help with an Inheritance in Chile?

We understand how difficult it can be to manage legal matters overseas while dealing with the loss of a loved one. That’s why we offer a comprehensive, professional service in your language, so you can take care of your family’s legal affairs in Chile - without leaving Australia.

Contact us today for a free and confidential consultation. We’re here to help.

This article is for informational purposes only and does not constitute legal advice. For personalised guidance, please contact our legal team.