Why should all foreigners have a will in Costa Rica?
If you are a foreigner and own a property 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 there will be issued abroad is sufficient, but in practice, this can lead to delays, unnecessary costs, and legal conflicts that affect their heirs.
Regardless of your nationality, property located in Costa Rica is governed by Costa Rican law.
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 family situation.
In other words, it will be the law, not you, that decides who inherits your estate.
Avoid lengthy, costly, and complicated processes
The Loss of life without a will can mean the following for your loved ones:
• Slow processes: intestate succession can take years.
• High costs: legal fees, translations, and additional paperwork.
• International difficulties: especially if your heirs reside outside Costa Rica.
A will drafted in accordance with Costa Rican law speeds up the process, 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.
• Appoint 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 want your estate to serve a meaningful purpose, such as donating it to a foundation, charity, or social cause, it is essential to establish this 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 awarded 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 will be used in the way you choose.
A foreign will is not always sufficient.
Although a will executed in another country may be recognized in Costa Rica, its legalization and validation require a complex process that includes apostilles, official translations, and judicial review.
In contrast, a will executed directly in Costa Rica:
• Avoid those formalities.
• Has immediate effect with local authorities.
• Ensures that your wishes are respected without obstacles.
• Guarantees that your assets are distributed according to your wishes.
• Protects your loved ones or benefits causes that represent you.
It is a simple act, but one with a profound impact, as it secures your legacy and gives you peace of mind knowing that your decisions will be respected. And if they change in the future, you can modify or revoke it at any time while you remain of sound mind.
At KMR Legal, we specialize in inheritance and estate law, with extensive experience advising foreigners who reside or invest in Costa Rica.
Our team helps you:
• Draft your will in accordance with Costa Rican law and your personal objectives.
• Register the document with the relevant authorities to ensure its validity.
• Prevent conflicts and disputes 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 property in Costa Rica, having a local will is essential.
At KMR Legal, we accompany you throughout the process with confidentiality and a human approach.