Why Every Foreigner Must Have a Will in Costa Rica
If you are a foreigner and own properties in Costa Rica such as a house, a bank account, or a business, having a Costa Rican will is not optional, it is essential.
Many expatriates believe that their will issued abroad is sufficient, but in practice it can generate delays, unnecessary costs, and legal conflicts that affect their heirs.
Regardless of your nationality, assets located in Costa Rica are governed by Costa Rican legislation.
If you do not leave a valid will in the country, your assets will be distributed according to the rules of intestate succession established in the Civil Code, without considering your personal wishes or your family situation.
In other words, it will be the law —not you— who decides who inherits your estate.
Avoid Long, Costly, and Complicated Processes
Dying without a will can imply for your loved ones:
• Slow processes: intestate succession can take years.
• High expenses: legal fees, translations, and additional procedures.
• International difficulties: especially if your heirs reside outside of Costa Rica.
A will drafted in accordance with Costa Rican law speeds up procedures, reduces costs, and protects your family.
If your heirs reside abroad, a local will allows you to:
• Clearly define how your assets will be distributed.
• Designate a trusted executor in Costa Rica.
• Avoid conflicts and delays in the transfer of your assets.
Without a Costa Rican will, your family could face confusion, disputes, and unnecessary legal proceedings.
In Costa Rica, the law establishes that if a person dies without heirs or a will, their assets will pass to the State or public institutions, in accordance with the legal provisions of intestate succession.
If you do not have close relatives, or if you wish for your estate to have a transcendent purpose —for example, donating it to a foundation, charitable organization, or social cause— it is indispensable to have it established in a valid will.
Only then will you be able to:
• Freely choose the destination of your assets.
• Support a specific cause or institution that reflects your values.
• Prevent your assets from being adjudicated by the State without following your true intentions.
A well-structured will is, in these cases, the only legal instrument that guarantees that your legacy is used in the way you choose.
A Foreign Will Is Not Always Sufficient
Although a will granted in another country may be recognized in Costa Rica, its legalization and validation requires a complex process that includes:
• Apostilles
• Official translations
• Judicial review
On the other hand, a will granted directly in Costa Rica:
• Avoids those procedures.
• Has immediate effects before local authorities.
• Ensures that your will is respected without obstacles.
• Guarantees that your assets are distributed according to your wishes.
• Protects your loved ones or allows benefiting causes that represent you.
It is a simple act, but with a profound impact, as it secures your legacy and the peace of mind of knowing that your decisions will be respected.
And if they change in the future, you can modify or revoke it at any time as long as you maintain full capacity.
How KMR Legal Can Help You
At KMR Legal we are specialists in succession and patrimonial law, with extensive experience advising foreigners who reside or invest in Costa Rica.
Our team helps you to:
• Draft your will in accordance with Costa Rican laws and your personal objectives.
• Register the document before the corresponding authorities to guarantee its validity.
• Prevent conflicts and litigation among heirs through clear and strategic planning.
• Advise you on donations or special designations, if you wish to benefit a foundation or social cause.
If you own assets in Costa Rica, having a local will is indispensable.
At KMR Legal we accompany you during the entire process with confidentiality and a human approach.