Colombia (CO)
Colombia offers expats an extraordinary combination of year-round spring climate (especially in Medellín), very affordable living, rich culture, improving safety, and one of Latin America's most welcoming visa systems.
Estate & Inheritance in Colombia
Wills, intestacy, inheritance tax, and cross-border estate planning for expats.
Colombian succession law is governed by the Código Civil (Law 57 of 1887 and subsequent amendments). Colombia has NO inheritance tax (Impuesto de Sucesiones) — it was abolished effective 2018 under Ley 1819 de 2016. However, estates may be subject to Impuesto de Ganancia Ocasional (occasional gain tax at 10–15%) if appreciated assets are distributed. All foreign nationals who own assets in Colombia are subject to Colombian succession law for those Colombian assets. The forced heirship (asignaciones forzosas) system protects spouses and children, limiting testamentary freedom.
Intestacy — What Happens Without a Will
If you die without a will (intestado) in Colombia, the Código Civil establishes the following order of heirs (órdenes hereditarios): 1st Order: Hijos (children) — inherit equally, share the estate together with the surviving spouse (who receives a portion equal to one child's share) 2nd Order (if no children): Ascendants (parents/grandparents) and the surviving spouse 3rd Order (if no children or ascendants): Siblings (hermanos) and the surviving spouse 4th Order: Other collateral relatives up to the 6th degree 5th Order (if no heirs): The Colombian state (ICBF — Instituto Colombiano de Bienestar Familiar) Surviving spouse: always included alongside the first-order heirs in proportion. Domestic partners (compañero permanente) who have been in a Unión Libre (common-law union) for 2+ years have similar rights to spouses under Constitutional Court jurisprudence. Foreign assets: Colombian courts have jurisdiction over Colombian-situated assets (real estate, bank accounts in Colombia, vehicles registered in Colombia) regardless of the deceased's nationality. For foreign assets of a Colombian national: the law of the country where the asset is located generally applies.
Types of Valid Will
Testamento Abierto (Open/Public Will)
Testamento AbiertoThe most common and recommended form. The testator declares their will verbally before a Notario and three witnesses. The Notario drafts the document, reads it aloud, and all parties sign. The Notario retains the original and registers it in the Registro Nacional de Testamentos. Highly secure — cannot be lost, hidden, or destroyed.
Valid indefinitely; can be revoked or modified by a new will at any time
Recommended for expats with Colombian assets. The will takes effect immediately upon death — no probate court required for simple estates. Register the will immediately after signing.
Testamento Cerrado (Closed/Sealed Will)
Testamento CerradoThe testator writes their will, seals it, and presents it to a Notario and 5 witnesses. The Notario certifies the seal. The content is secret until death. Less commonly used — more complex to process after death as a court proceeding is required to open it.
Valid indefinitely
Less practical for most expats — the open will offers the same testamentary freedom with simpler administration.
Testamento Ológrafo (Holographic Will)
Testamento OlógrafoEntirely handwritten, signed, and dated by the testator in their own handwriting. No witnesses or Notario required. However: requires court validation (proceso de protocolización) after death. Very easy to challenge and contest.
Valid if authenticated; high risk of challenge
Not recommended for expats — the open notarial will is far more legally secure and costs little more.
Testamento en Idioma Extranjero (Foreign Language Will)
Testamento en Idioma ExtranjeroA will made in a foreign language before a Colombian Notario, with a sworn interpreter. Must follow the same formalities as a testamento abierto. The Notario includes a sworn Spanish translation in the deed.
Fully valid under Colombian law if correctly executed
Useful for expats more comfortable writing their wishes in English or another language. The Spanish translation is legally binding.
Forced Heirship
Colombia has strict asignaciones forzosas (forced shares) that cannot be overridden by will: (1) Alimentos (maintenance): the deceased's legal dependants (children under 18, disabled dependants, spouse/partner with insufficient income) have a right to maintenance from the estate regardless of will terms. (2) Cuarta de Mejoras (1/4 improvement share): one quarter of the estate may be left by will to any descendent (child, grandchild) of the testator's choosing — to "improve" one heir's share over others. (3) Cuarta de Libre Disposición (1/4 free disposal): one quarter of the estate may be left freely to anyone (including non-relatives, friends, charities, foreign beneficiaries). Note: if the deceased has children (hijos), only the cuarta de mejoras and cuarta de libre disposición are freely disposable. The remaining half must be distributed among children in equal shares (primera mitad legitimaria). This significantly limits testamentary freedom for parents.
EU Succession Regulation (Brussels IV)
Colombia is NOT an EU member state and therefore the EU Succession Regulation (No. 650/2012) does NOT apply. However, EU citizens living in Colombia should be aware: (1) For Colombian assets: Colombian law applies. (2) For EU assets: the EU Succession Regulation may give you the option to elect the law of your nationality. Consider making two wills — one for your Colombian assets (following Colombian rules) and one for your home country assets (following your home country rules). Always coordinate with a lawyer in both jurisdictions.
Inheritance Tax
Colombia abolished the Impuesto de Sucesiones (inheritance/estate tax) effective 1 January 2018 under Ley 1819 de 2016. There is NO inheritance tax on transfers of assets between heirs in Colombia, regardless of the amount. However: the Impuesto de Ganancia Ocasional applies at 10% on appreciated assets when transferred as inheritance. The first 3,490 UVT (approximately COP 183M at 2026 UVT rates) per heir is exempt; an additional 13,000 UVT exemption applies for the deceased's principal residence distributed proportionally among heirs. Beneficiaries who later sell inherited property pay Ganancia Ocasional on their own gain at sale.
| Relationship | Tax-Free Allowance | Tax Rate (above allowance) |
|---|---|---|
| All heirs (children, spouse, parents, siblings, unrelated beneficiaries) | No inheritance tax — unlimited | 0% inheritance tax (abolished 2018) |
| Appreciated assets transferred as inheritance (Ganancia Ocasional) | No specific allowance — based on documented acquisition cost | 10% on the capital gain above the exempt amount (3,490 UVT threshold per heir) |
The abolition of inheritance tax in 2018 makes Colombia very attractive for asset structuring. Foreign beneficiaries receive Colombian-situated assets without any Colombian inheritance tax. However, they should check their home country's inheritance tax rules — some countries (Germany, UK, France) may tax the foreign inheritance in the hands of their residents. Obtain professional advice from both Colombian and home country tax advisors.
Cross-Border & Multi-Country Estates
For expats with assets in multiple countries: — Assets in Colombia: governed by Colombian law (Código Civil). — Assets abroad: governed by the law of the jurisdiction where situated (lex situs principle). — Colombia does NOT have bilateral inheritance or succession treaties with most countries. Probate in Colombia (sucesión notarial or sucesión judicial) is a separate process from probate in other jurisdictions. — Notarial Succession (Sucesión Notarial): if all heirs are in agreement and there is a valid will, the estate can be settled at a Notaría without court involvement — faster and less expensive. — Judicial Succession (Sucesión Judicial): if heirs disagree, or if the estate is complex, a Juez de Familia handles the liquidation. — Avoid double-estate administration: coordinate a Colombian legal representative (poder notarial/apoderado) to handle Colombian assets simultaneously with foreign probate proceedings.
Certificate of Inheritance
Colombia does not issue a single "European Certificate of Succession" equivalent. The relevant document is the Escritura de Sucesión (succession deed at a Notaría for agreed estates) or the Sentencia de Sucesión (court judgment for contested estates). Both documents record the heirs, their respective shares, and the assets distributed. These are issued by the Notaría or court handling the succession and are certified copies (copias auténticas). Foreign authorities may require these to be apostilled and translated.
Will Registration
All Colombian testamentos abiertos and cerrados must be registered in the Registro Nacional de Testamentos, administered by the Superintendencia de Notariado y Registro (SNR). Registration is done automatically by the Notaría after the will is executed. Verification: any person can query whether a deceased individual left a will by requesting a Certificado del Registro Nacional de Testamentos at any Notaría or at snr.gov.co. This is an essential first step in any inheritance process.
Living Will & Healthcare Power of Attorney
Documento de Voluntad Anticipada (living will / advance directive): recognised in Colombia under Resolución 825 de 2018 and subsequent guidance from the Ministry of Health. Allows individuals to document their preferences for medical treatment, end-of-life care, and euthanasia (eutanasia activa has been legal in Colombia since 2015 under Constitutional Court Sentencia C-239/97 and subsequent rulings). The document must be signed before a Notario or healthcare provider. The Ministerio de Salud maintains a national registry. Strongly recommended for expats with chronic conditions or elderly residents.
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Estate & Inheritance
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