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Law FirmJosé Soria & Asociados

Individuals and families

Succession proceedings in Paraguay

When a person dies, their assets and rights pass to those who are to inherit them. Succession proceedings (juicio sucesorio) are the court process in which, among other steps, the judge declares who the heirs are. At Estudio Jurídico José Soria & Asociados, in San Lorenzo, we assist families with successions, with or without a will. We handle the process from the declaration of heirs to the allocation of the assets.

Format
At the office, by phone or on WhatsApp
Applicable laws
Information reviewed in
September 2026

Who is it for?

  • Families who have lost a loved one and need to start succession proceedings.
  • Children, spouses or other relatives who may be heirs of a deceased person.
  • People named as heirs in a will.
  • Heirs who want to reach an agreement to divide the inheritance.

What we do

  • We handle succession proceedings without a will (ab intestato, or intestate) and with a will (testamentary).
  • We take the steps to obtain the court judgment declaring the heirs (declaration of heirs).
  • We take care of the inventory and appraisal of the assets in the estate.
  • We assist with the allocation of the assets to the heirs.
  • We advise on the division of the inheritance and seek agreements among the heirs.

What the law says

Summons to interested parties for 60 days

Under Article 741 of the Code of Civil Procedure (Law No. 1337/1988), when the succession proceedings are opened, the judge summons all interested parties to come forward and claim their rights within 60 days, counted from the first publication.

Law No. 1337 – Code of Civil Procedure (BACN) (opens in a new tab)

The reserved share of forced heirs

Under Article 2597 of the Civil Code, the reserved share (legítima) of the forced heirs is the part of the estate that the decedent (the deceased person) cannot dispose of. Under Article 2598 of the Civil Code, the reserved share is four fifths (4/5) of the estate for descendants, two thirds (2/3) for ascendants, and one half for the spouse when there are no descendants or ascendants.

Law No. 1183 – Civil Code, Part V, Book Five (BACN) (opens in a new tab)

How the process works

  1. Initial consultationYou tell us about your situation: who passed away, whether they left a will and who may be heirs. We explain how succession proceedings work in your case.
  2. Document reviewWe review the documents you have about the family and the assets. With that, we prepare to file the case.
  3. Filing with the judgeWe file the case with the judge of the place of the deceased person's last domicile. When opening the case, the judge summons interested parties to come forward and claim their rights within 60 days, counted from the first publication.
  4. Declaration of heirsOnce that period has expired and the successors' rights have been proven, the judge issues the judgment declaring the heirs. We follow up on the case file at every stage.
  5. Inventory, appraisal and allocationWe take care of the inventory and appraisal of the assets, and then of their allocation to the heirs. If needed, we advise on the division, seeking agreements among the heirs.

Frequently asked questions

Who inherits if my relative did not leave a will?

Under Article 2583 of the Civil Code, the children inherit the deceased person's separate property in equal shares. Under Article 2586 of the Civil Code, if the surviving spouse inherits together with children of the deceased person, the spouse receives the same share of the separate property as each child. Under Article 2584 of the Civil Code, if there are no descendants, the ascendants inherit, without affecting the rights of the surviving spouse. If there are no descendants, ascendants or spouse, the siblings inherit and, by representation, their descendants up to and including the fourth degree.

Do you also handle successions with a will?

Yes. We handle both intestate succession proceedings (ab intestato, without a will) and testamentary ones (with a will). Please note that, under Article 2597 of the Civil Code, the reserved share (legítima) of the forced heirs is the part of the estate that the decedent (the deceased person) cannot dispose of.

What happens if the heirs cannot agree on how to divide the assets?

We advise on the division of the inheritance and seek agreements among the heirs. Every case is different, so we review yours with you during the consultation.

How long do succession proceedings take?

It depends on each case, so it cannot be predicted in advance. The law does set a summons period: under Article 741 of the Code of Civil Procedure (Law No. 1337/1988), when opening the proceedings, the judge summons interested parties to come forward and claim their rights within 60 days, counted from the first publication. Under Article 742 of the Code of Civil Procedure, once that period has expired and the successors' rights have been proven, the judge issues the judgment declaring the heirs.

Sources consulted

This page provides general information and does not replace advice on your case. Laws and requirements may change; we confirm them at the consultation.