Planning for your death in CR

WHICH PLAN OR FACILITY IN THE US DO YOU BELONG TO?

I think the single most important thing to understand is that your U.S. will won’t be recognized here in Costa Rica. If you die intestate here, the law provides for the disposition of your assets in ways that might not be to your liking. So, a Costa Rican will is an important part of estate planning. Your Costa Rican will will be filed in the national archives.

Second, you should know that your Costa Rican will won’t stand up in a U.S. probate court, so if you have assets in the United States (real estate, investments, bank accounts, etc), you need to have a will filed there, too.

My understanding is that you do not have a legal right to have a living will that dictates the course of your medical care if you are unable to express yourself. That said, my further understanding is that if you write such a directive in your own hand, and if it’s recently executed, your Costa Rican physician may very well honor it even thought s/he isn’t legally bound to do so.

Cremation isn’t commonly practiced in Costa Rica but there is a crematorium here. You should at least let your wishes be known to someone who can make decisions in that regard.

Likewise, body donation for medical education isn’t common practice here, but the medical school(s) are very happy to have those donations. A friend, who has made such a pre-arrangement, says she’s been assured that the medical school will make all the arrangements and bear all the costs.

These are, of course, matters you should be addressing in-depth with a knowledgeable Costa Rican attorney.

those who would likely be around when it happens,have been asked to take my body and throw it into the Tarcoles River at night for the crocs.I kid you not.

From the Costa Rica consultant Phil Baker regarding wills.

FAQ REGARDING FORIGN AND DOMESTIC WILLS

Foreigners have two options: a will made by Costa Rican notary regarding assets in Costa Rica (domestic). The other option is to validate a foreign will with the Costa Rican government; in this case, an exequatur must be granted and sent to Costa Rica for approval and then duly recorded in the Public Registry. Recognizing a will executed in a foreign country requires embassies proceedings and the exequatur. This takes more time and is more expensive. Executing a domestic will is faster and easier.

The Costa Rica Civil Code recognizes two types of wills: The Open Will (public) and the Closed Will (sealed or private).

Open Will
An Open Will written in the presence of a Notary or written by the Notary requires three witnesses. If the grantor (testator) writes the will by hand, then a Notary Public and two witnesses are required. A Notary Public is unneeded if the grantor signs the attested hand-written Open Will and it is witnessed by four witnesses. If it is not hand written by the grantor, six witnesses must attest to it.

Closed Will
The writing of a Closed Will follows certain requirements. Once signed by the grantor the will is sealed in an envelope and a Notary must draft a notarization on the envelope. The notarized statement must state that a sealed envelope containing a will was handed to the Notary by the grantor and that the grantor has informed the notary as to the number of pages contained in the will. It must also indicate that the will was written and signed by the grantor and whether or not it contains annotations or smudges. The Notary must record the proceeding in their protocol book (acta) and it then must be signed by the grantor and three witnesses.

Intestate Succession
In the absence of a will or if a will is found invalid, inheritance follows intestate succession. The distribution of property and assets, in the absence of a will, depends on each case but usually if the deceased was married, the spouse inherits the major portion of the estate. From the total wealth of the deceased, the judge allocates the amount corresponding to conjugal property rights, and the balance is distributed between the legitimate heirs appointed by the judge. The Civil Code defines legitimate heirs as follows:

First Degree: The spouse, children and parents of the deceased. If the deceased has no spouse, children or parents, the judge summons other relatives arranged in the following degrees:
Second Degree: The grandparents and other legitimate ascendants.
Third Degree: The natural brothers and sisters on the mother’s side.
Fourth Degree: The nephews of the deceased.
Fifth Degree: The uncles of the deceased.
Sixth Degree: The State. If the estate does not pass to the preceding five degrees, then the Civil Code specifically directs that the property must pass directly to the Board of Education in the district where the property of the deceased was located.

Minor Children
If the property (or part of it) goes to a child, or children not legally adult (minor) the property can be registered under the name of the minor in the Public Registry; however, the minor is not able to administer the property. In this case, a guardian must act on behalf of the minor. A guardian should be appointed in the will, but if not the court can appoint one. The guardian priority order established at the Costa Rican Family Code is as follows: The grandparents are first; and in their absence, one of the brothers or sisters of legal age, and aunts and uncles are the third option. If relatives are unwilling to accept guardianship, the court appoints an independent guardian.

These are frequently asked questions. Please contact us and we will be happy to have an attorney associate answer question specific to your circumstances and/or to prepare or notarize your will. Along with your will we urge our clients to consider a trust.

I used him to design my will and trust. He also has a copy in his files and we have a copy and Mr. Baker’s associate attoreny has a copy.