The Two Types of Probate

The complexity and duration of the process depend entirely on whether there is a dispute and if there are minors involved.

A. Notarial Probate (Sucesorio Notarial)

This is the faster, preferred route but has strict requirements.

• Conditions: It can only be used if all heirs are adults (of legal age), mentally capable, and in unanimous agreement regarding the division of assets. There must be no disputes.
• Process: It is handled by a Notary Public (who is also an attorney) rather than a judge.
• Timeline: It is significantly faster, often taking 3 to 6 months.

B. Judicial/Court Probate (Juicio de Sucesión)

This is the slower, formal route handled by a Civil Court.

• Conditions: Mandatory if there is no will (intestate), if there is a dispute among heirs, if any heir is a minor or incapacitated, or if the will is contested.
• Timeline: This process is notoriously slow, often taking 1 to 4 years depending on the complexity and court backlog.

Step-by-Step Process

Regardless of whether you use a notary or a court, the general steps are similar:

1. Initiation: The process begins by filing a request with the death certificate and the will (if one exists).
2. Notification (The Edict): A notice is published in the official legal newspaper (El Boletín Judicial) summoning anyone with an interest in the estate (heirs or creditors) to come forward, usually within 15 to 30 days.
3. Inventory & Appraisal: An executor (albacea)—either named in the will or appointed by the court—must inventory all assets. These assets are then appraised to determine their value for tax and fee purposes.
4. Payment of Liabilities: Before anyone inherits, the estate must pay off any debts, including taxes and creditor claims.
5. Distribution: Once debts are paid, the court or notary authorizes the transfer of the remaining assets to the heirs. New title deeds are registered in the National Registry.

The Role of Wills

• Costa Rican Will: It is highly recommended to sign a will in Costa Rica specifically for your local assets. This bypasses the need for international legalization and translation, making the process much faster.
• Foreign Will: A will from your home country is valid, but it must be apostilled, translated into Spanish by an official translator, and recognized by a Costa Rican court (a process called exequatur). This adds significant time and cost.
• No Will (Intestacy): If you die without a will, the law determines the heirs in a specific order:

1. Spouse and children (they share equally).
2. Parents.
3. Siblings.
4. Nieces/Nephews.

Costs and Fees

Probate is not cheap. The costs are generally tied to the gross value of the estate assets:

• Legal Fees: Attorney/Notary fees are set by law on a sliding scale. For example, it is roughly 10% on the first ~$26,000 of value, 7.5% on the next ~$105,000, and 5% on the remainder.
• Transfer Taxes: Transferring real estate to an heir triggers a 1.5% transfer tax (plus registry stamps). Vehicles trigger a 2.5% tax.
• Appraisal Fees: Court appraisers charge roughly 1% to 4% of the asset value.

Strategies to Avoid Probate

To prevent your heirs from getting stuck in this process, you can use specific legal tools before death:

• Trusts (Fideicomisos): Assets placed in a trust do not go through probate; the trustee simply follows your instructions to transfer them to beneficiaries.
• Usufruct (Usufructo): You can register the property in your heirs' names now but retain the “usufruct” (right to use and enjoy) for your lifetime. Upon death, the usufruct cancels, and they own it fully without probate.
• Bank Beneficiaries: For bank accounts, you can simply appoint beneficiaries at the bank. These funds usually transfer directly without probate.