When a loved one passes away, their assets do not automatically pass to the heirs: probate proceedings (proceso sucesorio, popularly known in Costa Rica as a mortual) are required. We guide you through every stage with respect and clarity.
What we do for you
- Testate estates (where there is a will) and intestate estates (where there is no will).
- Probate before a notary, when all interested parties agree.
- Probate in court, when there is a dispute or the law requires it.
- Appointment of the executor or estate administrator (albacea), and inventory and appraisal of assets.
- Partition and distribution of assets to the heirs, and recording in the National Registry.
Why it pays to act promptly
Until probate is completed, the assets cannot be sold, mortgaged or transferred in the normal way, and taxes and debts may accumulate. Timely proceedings protect the family’s estate.
Frequently asked questions
Does probate always have to go to court?
Not always. When all interested parties agree and the law allows it, probate can be handled before a notary public, which is usually faster. If there is a dispute, it is handled in court.
What do I need to start probate proceedings?
As a starting point: the death certificate, the identification documents of the potential heirs, and information on the assets (real estate, vehicles, bank accounts). At the first consultation we determine the most suitable path.
This information is general and is no substitute for an analysis of your specific case. Every matter is assessed individually during a consultation.