Estate Planning, Wills & Strategic Succession Law
Estate and inheritance law in Costa Rica is far more than a legal formality. It is a technical, financial, and family-centered process that requires precise legal direction, strategic planning, and strict confidentiality.
When a person passes away, their assets do not simply transfer automatically. The estate must be legally administered and distributed according to a valid will or, if no will exists, under the provisions of the Costa Rican Civil Code. Without experienced legal guidance, the probate process in Costa Rica can lead to prolonged disputes, unnecessary financial losses, and irreversible family conflict.
At BGA Abogados, we provide comprehensive legal representation in probate proceedings (both notarial and judicial), estate planning, complex asset structuring, and international succession matters for Costa Rican and foreign clients alike.
Conctact us today for a confidential consultation with an experienced inheritance and probate lawyer in Costa Rica.
What Is the Probate Process in Costa Rica?
The probate process in Costa Rica (proceso sucesorio) is the legal procedure used to determine:
- Who the legal heirs are
- What assets form part of the estate
- Marital property rights and statutory heirship portions
- What debts must be paid
- How the estate will be distributed
- How to address objections or challenges
- Whether any heir may lose inheritance rights due to legal grounds
There are two main probate procedures in Costa Rica:
Notarial Probate (Sucesión Notarial)
This streamlined procedure applies when there are no disputes among heirs and no minors or legally incapacitated individuals involved. It is handled before a notary public and allows for a faster resolution.
Judicial Probate (Sucesión Judicial)
Required when disputes arise, minors are involved, heirs are absent, or the estate presents complex legal issues. This process is handled before a Civil Court.
Our legal team evaluates the family structure, asset composition, and potential risks in advance to determine the safest and most efficient legal path.
Testate vs. Intestate Succession in Costa Rica
There are two primary types of inheritance cases:
Testate Succession (With a Valid Will)
If a legally valid will exists, it must be formally verified, interpreted, and executed in compliance with Costa Rican law.
Intestate Succession (Without a Will)
If no will exists, assets are distributed according to statutory heirship rules established by the Civil Code.
Spouses and legally recognized partners have specific marital property rights that must be carefully analyzed before estate distribution.
Proper legal evaluation is critical to avoid errors, challenges, or unintended financial consequences.
Estate Planning & Wills in Costa Rica
The best inheritance strategy is one that is properly planned.
Our estate planning services in Costa Rica include:
- Drafting open and closed wills
- Wills for foreigners owning property in Costa Rica
- Lifetime asset transfers (gifting strategies and legal protection)
- Family holding structures
- Protection of family-owned businesses
- International estate planning coordination
- Inheritance challenges, disinheritance, and loss of inheritance rights
A properly structured will reduces the risk of disputes, accelerates probate proceedings, and ensures that the testator’s wishes are respected.
International Inheritance & Cross-Border Estates
Many probate cases in Costa Rica involve:
- Assets located in multiple countries
- Heirs residing abroad
- Shares in international corporations
- Recognition of foreign probate judgments
We coordinate with law firms in the United States, Europe, Latin America, and other jurisdictions to manage cross-border succession strategies. When necessary, we handle recognition and enforcement of foreign judgments (exequatur proceedings) in Costa Rica.
If you are a foreign national with assets in Costa Rica, or if you are administering an estate that includes Costa Rican property, we provide strategic legal coordination to ensure compliance across jurisdictions.
Business Succession & Corporate Assets
When the deceased was a business owner or shareholder, heirs do not inherit company assets directly. Instead, they inherit shares or ownership interests.
This requires:
- Corporate valuation
- Review of shareholder agreements
- Analysis of bylaws and governance rules
- Strategic planning to prevent operational paralysis
Our strength in corporate law allows us to integrate probate strategy with business continuity planning, protecting both the estate and the company’s future.
Are Debts Inherited in Costa Rica?
Heirs in Costa Rica are not personally liable for the deceased’s debts with their own assets. However, all outstanding obligations must be paid from the estate before any distribution occurs.
Improper handling of debt settlements can expose heirs to unnecessary risks. A carefully structured probate strategy prevents costly mistakes in accepting or managing an inheritance.
Why Choose BGA Abogados for Probate & Estate Matters?
Because inheritance law is not simply about distributing assets. It is about:
- Asset protection
- Prevention of family disputes
- Financial and tax structuring
- Business continuity
- International legal security
Every estate matter is directed by a senior attorney and supported by a comprehensive asset analysis. We do not treat probate cases as routine administrative procedures. We manage them as strategic legal processes requiring technical precision and long-term vision.
Do You Need an Inheritance Lawyer in Costa Rica?
In Costa Rica, probate proceedings require the intervention of a notary public or an experienced probate attorney. The process is highly technical, formal, and often complex.
If you are managing an estate, drafting a will, or planning the transfer of your assets, our legal team can assist you from the initial stage through final distribution.
Protect your legacy. Prevent family conflict. Plan with strategic legal clarity.
Conctact us today for a confidential consultation with an experienced inheritance and probate lawyer in Costa Rica.
