How to process an inheritance (probate process) in Costa Rica

When someone passes away, their assets do not automatically pass to the heirs — a **probate process** must be processed so that the property, bank accounts, vehicles, etc. can be legally transferred. There are two paths, depending on the family situation.

**Notarial path (the most common and fastest)**: it can be processed before a notary public (Código Notarial, Art. 129 and Código Procesal Civil, Art. 915) provided that:

There are no minors or people with disabilities among the heirs (or, if there are, the additional protections required by law are followed).
There is no opposition or conflict between the heirs — if someone objects, the notary **loses jurisdiction** and the file moves mandatorily to a court.

**General steps of the process** (applicable to both notarial and judicial venues): 1. **Appointment of an executor** (administrator of the succession), who makes an inventory of the assets and debts of the deceased person. 2. **Publication of an edict** in the Boletín Judicial, notifying potential heirs, creditors, and interested parties that the process has been opened, so they can assert their rights. 3. **Declaration of heirs** and distribution of the assets as appropriate.

**If there is no will (intestate or legitimate succession)**: those who inherit are the persons indicated by the Código Civil, in an order of six priority groups — first children, then parents, spouse or partner in a de facto union, and so on by degree of kinship, as established by the Código Civil.

**If there is a will**: what is indicated in the will is followed, provided that it respects the "legitimate portion" (the portion of the inheritance that the law reserves mandatorily for certain heirs, such as children and spouse, without the testator being able to leave them out completely).

Note: due to the complexity and legal value of distributing an estate, this procedure almost always requires a notary or lawyer to handle the file — it is not something a family can resolve alone with forms. If there are doubts about whether the case qualifies for the notarial path (faster and cheaper) or needs to go to court, it is best to consult it directly with a notary from the beginning.