Costa Rica Wills for Foreign Property Owners | 2026

Costa Rica Wills for Foreigners: What Your US Will Misses and How to Protect Your Property

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Two myths send most foreign owners down the wrong path. The first is that the will they signed back home covers their Costa Rican house — it usually doesn’t. The second is the opposite fear: that Costa Rica’s civil law will force their estate to their children no matter what they write. Neither is accurate, and the gap between them is exactly where heirs lose time and money. This guide on Costa Rica wills for foreigners clears up both, and covers the one factor that changes everything: whether your property sits in your personal name or inside a corporation.

Why foreigners need a Costa Rica will even with one at home

Most foreign owners assume the will they signed in the United States, Canada, or Europe automatically reaches whatever they own abroad. In practice, Costa Rican notaries and the National Registry work with instruments executed under Costa Rican formalities, covering assets registered here. A foreign will can be recognized eventually, but doing so means translation, authentication, and a cross-border judicial step — and under the Civil Procedure Code, foreign adjudications only take effect in Costa Rica after an exequátur, a court recognition process. None of that is something heirs enjoy managing from another country.

A Costa Rica-specific will solves this cleanly. It is drafted in Spanish, signed before a Costa Rican notary, and worded to govern only the assets located in Costa Rica — expressly stating that it does not revoke your will back home. Your heirs then work with a single local, notarized instrument instead of trying to enforce a foreign judgment through the courts.

Does Costa Rica have forced heirship?

No — not in the rigid form most foreign owners fear. This is the single most repeated error about Costa Rican estate law online, so it’s worth stating plainly: Costa Rica does not reserve a fixed, untouchable share of your estate for your children the way Spain, France, or several other civil law countries do. Under Article 595 of the Civil Code, a testator may dispose of their assets freely.

There is one limit, and it is narrower than “forced heirship” implies. It is a need-based duty of support, not a reserved percentage. The same Article 595 requires you to secure support for:

• A minor child, until they reach the age of majority;
• A child with a disability that prevents self-support, for life;
• Your parents and spouse, for as long as they actually need it.

And here is the part that separates this from true forced heirship: the same article states that if those children, parents, or spouse already have sufficient assets of their own when you die, you owe them nothing and may dispose of everything. The obligation tracks need, not bloodline. Where it does apply and a will ignores it, the law doesn’t void the will — it sets aside enough, assessed by appraisers, to cover that support, and the heirs take the rest.

For an owner coming from a common-law state, the practical bottom line is reassuring: you have far more freedom than the internet suggests. You cannot leave a dependent minor child destitute, but you are not locked into a fixed reserve for adult children who don’t need support. If your situation involves a blended family, an estranged adult child, or a second marriage, this is precisely the point to plan deliberately rather than on assumptions.

What happens if you die without a Costa Rican will

With no valid local will, your Costa Rican estate is distributed under intestate succession, and a proceso sucesorio (probate) still has to open here regardless — dying without a will does not skip the process, it just removes your ability to shape it. Under Article 572 of the Civil Code, the law sets six classes of heirs, and they are mutually exclusive: if anyone in the first class survives, the later classes are cut out entirely.

• The first class is children, parents, and the spouse or a recognized common-law partner. A surprise for many Americans: the decedent’s parents inherit alongside the spouse and children, not after them.
• A recognized common-law partner can inherit — but only where the union was public, stable, and singular for at least three years, and as to assets acquired during it.
• A spouse entitled to marital property (gananciales) receives, as an heir, only what is missing to equal a normal heir’s share — the two are not stacked.
• No albacea (estate administrator) has been named by you, so the heirs or the court must appoint one before anything moves.

In short, without a will the law picks your heirs, your administrator, and your proportions — rarely the arrangement a foreign owner would have chosen.

Personal name vs. corporate-held property: two different paths

Most foreign-owned real estate in Costa Rica sits inside a Sociedad Anónima (S.A.) or Sociedad de Responsabilidad Limitada (S.R.L.) rather than directly in the buyer’s name — chosen for liability separation, banking, and easier transfer. That choice changes what your will has to address:

• Titled in your personal name: the real estate itself is the estate asset. It moves through probate and is recorded to your heirs at the National Registry once the process closes.
• Held through a corporation: your estate asset is the shares or quotas of the company, not the real estate directly. Your will has to name who inherits those shares — and the corporate books (shareholder registry, minutes, legal representation) have to be current. A company that has lapsed out of compliance can stall the transfer of shares to your heirs at the worst possible moment.

Neither structure exempts you from probate or from the support duty above. But a will that talks only about “my house” when the house is owned by a company you never mention is a gap that creates real delay. The mechanics of transferring those shares — endorsement plus entry in the shareholder registry book, and what happens when certificates were never issued — are covered in our companion guide on probate in Costa Rica.

Does my US living trust cover it?

Not on its own. A US revocable living trust governs assets that were actually transferred into it under the law where those assets sit. Costa Rican real estate titled in your personal name, or shares of a Costa Rican corporation registered to you individually, have not been funded into that trust in any way Costa Rica recognizes. The trust document may recite worldwide assets; the National Registry here looks only at who holds title in Costa Rica.

This catches people who did careful planning at home precisely to avoid probate. The fix is not to assume the US paperwork reached across the border — it is to structure the Costa Rican side deliberately, while you are alive and competent, whether through a local will, a Costa Rican trust, or both.

Open vs. closed wills, and the foreign-language rule

Costa Rica recognizes several will formats, but two matter for nearly every foreign owner:

• Open will (testamento abierto): executed before a notary with witnesses and recorded in the notary’s protocol. Under Article 583 of the Civil Code, it takes a notary plus three witnesses — or a notary plus two if the testator writes it out personally. This is the format most foreign owners use: faster to execute, clearly recorded, and harder to challenge on formal grounds.
• Closed will (testamento cerrado): the contents stay sealed and confidential; after death the sealed document is opened judicially to verify its validity before it can be executed. It protects privacy but adds a court step — worth it only when confidentiality outweighs speed. Note that a person who cannot read and write cannot make a closed will.

For most foreign owners whose priority is a fast, low-friction transfer for heirs abroad, the open will drafted in Spanish is the practical choice.

Costa Rican trusts (fideicomisos) as a companion tool

A Costa Rican fideicomiso (trust) is not a replacement for a will, but it is a common complement for owners who want to reduce reliance on probate. Assets placed in a properly structured trust are held by a trustee under rules you set while alive, and can pass to beneficiaries per the trust deed without running those specific assets through the full probate process. Trusts also appear earlier in the ownership story — holding purchase funds in escrow until closing conditions are met — and some owners extend that same relationship into a long-term estate tool. Whether one fits alongside your will depends on the value and type of assets, your privacy priorities, and how your property is currently titled.

How to draft your Costa Rica will, step by step

1. Inventory your Costa Rican assets. Real estate, vehicles, bank accounts, and — critically — any shares in a Costa Rican company that holds property on your behalf.
2. Confirm how each asset is titled. Personal name, joint ownership, or corporate shares each require different wording.
3. Map your support obligations under Article 595. Identify any minor child, disabled child, or dependent parent or spouse, so the will is enforceable rather than exposed to a support claim.
4. Name an albacea (and an alternate) — the person who will administer the estate through probate.
5. Draft in Spanish with a working English translation for your own records, since the Spanish document controls. This also sidesteps the two-interpreter requirement of Article 584.
6. Sign before a notary with the witnesses required for an open will, and confirm it is recorded in the notarial protocol.
7. Coordinate with your home-country will. Each document should name the other and limit itself to its own jurisdiction, so neither revokes the other.
8. Tell your albacea and family where the will was executed and how to locate the notarial reference. A will no one can find helps no one.

What it costs

Executing an open will is inexpensive and predictable — roughly ₡120,000 to ₡130,000 in notarial fees and stamps, regardless of the size of your estate. The larger numbers come later, during probate, and they fall on your heirs, not on you now.

Figures are orientative and should be confirmed against current tariffs and your specific assets. Costa Rica has no inheritance or estate tax as such; the cost is the transfer tax on recording the adjudication. A full breakdown lives in our probate in Costa Rica guide.

What your heirs face after: probate

Every Costa Rican estate passes through a proceso sucesorio, will or no will. It can run through a notary when all heirs are adults, capable, and in agreement, or it must go to court when there are minor heirs, incapacitated heirs, or any dispute. A clear, well-structured will is what keeps your estate on the faster notarial track — which matters most for heirs who will be managing everything from abroad.

Because the after-death process, its five separate cost components, and the corporate share mechanics deserve their own treatment, we cover them in depth in the companion guide: Probate in Costa Rica: costs, timeline, and corporate shares. If you’re planning ahead, this article is the right starting point; if you’re settling an estate right now, start there.

Five mistakes foreign owners make

Pre-drafting checklist

Check off what you already have. Arriving with this in hand turns several meetings into one.

Glossary: Costa Rican terms and US equivalents

Testamento abierto

Open will, executed before a notary with witnesses and recorded in the protocol.

Testamento cerrado

Closed will, sealed and opened judicially only after death.

Albacea

Estate administrator/executor, who inventories the estate and renders a final accounting.

Proceso sucesorio

Probate: the process that settles and transfers the estate.

Sucesión legítima

Intestate succession, governed by Article 572 of the Civil Code when there is no will.

Gananciales

The surviving spouse’s marital property share — not inheritance, settled before distribution.

Fideicomiso

A Costa Rican trust, used as a companion to a will or during a property purchase.

Sociedad Anónima (S.A.)

Costa Rican corporation. Ownership is held through registered shares.

Frequently Asked Questions

Does my US, Canadian, or European will cover my Costa Rican property?

Not reliably. Costa Rican notaries and the National Registry work with locally executed instruments. A foreign will can eventually be recognized through a cross-border court process requiring an exequátur, but a Costa Rica-specific will avoids that delay and does not cancel your existing will at home.

Does Costa Rica have forced heirship?

No, not in the rigid form found in Spain or France. Under Article 595 of the Civil Code you may dispose of your assets freely. The only limit is a need-based duty of support for a minor child, a disabled child, and dependent parents or spouse — and even that falls away if they already have sufficient assets of their own.

Can I leave everything to one person and disinherit my adult children in Costa Rica?

Generally yes, if those children are adults who do not depend on you for support. Costa Rica does not reserve a fixed share for adult children. The limit under Article 595 is a support obligation toward minor children, a disabled child, and dependent parents or spouse who lack sufficient means of their own.

What happens if a foreigner dies owning property in Costa Rica without a local will?

The estate follows intestate succession under Article 572, and a probate process still opens in Costa Rica. The law sets the heirs and proportions in a fixed order, no albacea has been named by you, and heirs abroad typically need apostilled documents and powers of attorney to participate.

My property is owned by a Costa Rican corporation, not me personally — do I still need a will?

Yes. In that case your will needs to address who inherits the shares or quotas of the company, since that is the asset your estate actually holds. Keeping the company’s filings current matters too, because a lapsed company can delay the transfer of shares to your heirs.

Does my US revocable living trust cover my Costa Rican property?

Not on its own. A US trust governs assets actually transferred into it under the law where they sit. Costa Rican real estate in your personal name, or corporate shares registered to you individually, have not been funded into it in a way Costa Rica recognizes, so they pass through probate here unless you structure the Costa Rican side separately.

How much does it cost to make a will in Costa Rica?

Executing an open will typically runs about ₡120,000 to ₡130,000 in notarial fees and stamps, regardless of estate size. The larger costs come later, during probate and any transfer taxes on the assets being adjudicated.

Can I make my Costa Rican will in English?

To make a will in a foreign language before a notary, Article 584 of the Civil Code requires two interpreters to translate your instructions into Spanish. In practice, most foreign-owner wills are drafted in Spanish — the legally controlling version — with a working English translation kept for your records.

Do I need a lawyer in my home country and one in Costa Rica?

Generally yes, and they cover different ground. Your home-country attorney handles the will and assets there; only a Costa Rican notary can execute a will that formally covers Costa Rican assets. The two documents should be drafted to coexist, each naming the other and limited to its own jurisdiction, so neither revokes the other.

Can I write my own will without a Costa Rican attorney?

Private or handwritten formats exist but are rarely advisable — they are far more frequently challenged in court because authenticity and capacity are harder to prove. Foreign owners planning around corporate assets and the Article 595 support duty benefit from a notarized, professionally drafted will.

Can I revoke or change my Costa Rican will later?

Yes. Under Article 621 of the Civil Code a will is freely revocable by a later will, and that right cannot be waived. It’s worth revisiting after a marriage, divorce, birth, or a significant sale.

Sources consulted

• Civil Code of Costa Rica — Article 572 (intestate heirs), Article 583 (will formalities and witnesses), Article 584 (foreign-language wills), Article 595 (testamentary freedom and support duty), Article 621 (revocation).
• Civil Procedure Code, Law No. 9342 — probate procedure and Article 135 (foreign adjudications and exequátur).
• Notarial Code, Law No. 7764 — execution of wills before a notary.
• National Registry — recording of adjudications.
• U.S. Embassy San José — Legal Assistance.

Recommended reading

• Probate in Costa Rica: costs, timeline, and corporate shares
• Testamento en Costa Rica (Spanish guide)
• Companies in Costa Rica: S.A. vs. S.R.L.

This content is informational and does not constitute legal advice. Costa Rican succession law involves case-specific factors — confirm current requirements, costs, and tax rates with a licensed attorney before acting. We do not advise on United States tax or estate law.