SPONSORED BY S.T. LAW
In a small town, death never feels abstract. It doesn’t arrive as a headline from somewhere else. It shows up in conversations that stop mid-sentence, in surfboards left untouched for days, in the way people speak more softly at the bakery without fully knowing why.
Over the past years, our community has felt that pause more than once. Accidents. Illness. Sudden endings that no one saw coming. And almost always, after the first wave of shock passes, another reality settles in. The reality of what was left behind, and whether anything was written down before life changed course.
In Costa Rica, the law is clear even when life is not. When someone dies, the country does not interpret intention. It follows procedure.
This is where many people — especially foreigners — are caught off guard. A will written in another country, no matter how thoughtful, does not automatically speak here. Assets located on Costa Rican soil are governed by Costa Rican law.
For those who have taken the time to create a will locally, the process, while never easy emotionally, tends to move with clarity. There is a map to follow. For those who have not, everything slows. Properties cannot be sold. Accounts may be frozen. Families find themselves navigating courts, translations, and legal timelines at the exact moment when their capacity to do so is at its lowest.
Costa Rican citizens are not immune to this confusion. Spouses and children have legally protected inheritance rights that can not be freely overridden by a will, the absence of a will still places decisions in the hands of the court. Families who believe they will “figure it out” later often discover that the system does not move on intuition or goodwill. It moves on filings.
There are also lives that do not fit neatly into family trees. Long-term partners without marriage papers may have rights only if they qualify as a legally recognized ´de facto uion´under Costa Rican Law. Friends who became a chosen family member,or Individuals without children or living relatives. Without a will, these relationships may hold deep meaning emotionally and none at all legally. What feels obvious to a community can be invisible to a judge.
A will also works best when it is part of a larger conversation. Many people are surprised to learn that it does not cover everything. Life insurance policies, for example, pass according to the beneficiaries named on the policy itself. If those names are outdated or missing, the same confusion can arise. Advance medical directives — often called living wills — speak for you when you are alive but unable to communicate, guiding medical decisions with dignity and clarity. Powers of attorney allow someone you trust to act on your behalf if you are temporarily or permanently incapacitated.
In an increasingly online world, people often ask whether a do-it-yourself will found on the internet is enough. In Costa Rica, the answer is usually no. A document that feels complete may carry no weight here.
For those with lives and assets in more than one country, the solution is not to choose one system over another, but to coordinate them. A Costa Rican will for Costa Rican assets. A separate will for elsewhere.
What this all comes down to is timing. The best moment to do this work is not after a diagnosis, not after a close call, not after someone else’s tragedy. It is on an ordinary day, when the mind is clear and the heart is steady. When decisions can be made without pressure and words can be chosen without fear.
A will is not a prediction of death. It is a recognition of life — of the people, places, and efforts that mattered enough to be protected. In a town where community still counts and loss is felt collectively, that kind of clarity is not cold. It is deeply human. The only certainty life has for us, is the certainty of death, being prepared is honoring your life as well as the life of your loved ones.
When Life Ends Suddenly: Why a Will in Costa Rica Is Not Optional
A calm, compassionate guide for foreigners and Costa Ricans who own land, love people, and want to avoid chaos.
1. First Things First: Wills Are Not the Same Everywhere. One of the biggest misunderstandings among foreigners living in Costa Rica is this: A will from your home country does NOT automatically work here. Costa Rica has its own legal system, valuable assets inside Costa Rica fall under Costa Rican law, regardless of your nationality.
2. Foreigners With a Costa Rican Will: What That Actually Looks Like. If you are a foreigner and you have assets in Costa Rica, the cleanest solution is: A Costa Rican will, written in Spanish, notarized here.
This will: Govern ONLY your Costa Rican assets.
You can still have a separate will in your home country — and you should — but the two wills must be coordinated so they do not contradict each other.
3. Costa Rican Citizens With a Will: Similar, But Not Identical
Costa Rican citizens also benefit from having a formal will, but the law treats certain heirs differently.
Under Costa Rican law:
- Spouses and children have strong inheritance rights
- Some portions of an estate may be protected for direct heirs
- A will may guide the distribution of all assets, but it can not eliminate the mandatory portions reserved by law for forced heirs.
This is where legal guidance matters — especially in blended families, second marriages, or long-term partnerships without formal marriage.
4. The Unfortunate Reality: When Someone Dies Without a Will in Costa Rica
This is where things get heavy — and real. If someone dies without a will, Costa Rica applies intestate succession laws, meaning:
- The court decides who inherits
- Assets are frozen
- Properties cannot be sold or transferred
- Bank accounts may be locked and Vehicles cannot be legally transferred
5. Foreigners Who Die Without a Will: Added Layers of Complexity. For foreigners, dying without a Costa Rican will adds:
- Translation requirements
- Apostilles from other countries
6. What If You Have No Children or No Living Family? This is more common than people admit.
Without a will: the court will earch for legally recognized heirs, and only in the absence of any qualifying relatives may the estate ultimately pass to the State.
- The state determines distant heirs
- Assets can sit unresolved for long periods
7. What If You Want Assets to Go to Someone Not Blood-Related? This is exactly why wills exist. Want to leave:
- Property to a partner, A home to a close friend, Art to a community space
- Land to a conservation effort
You must state this explicitly in a legally valid will.
8. What Assets Should You Be Protecting? (It’s More Than Land). Most people think of property first — but a proper will covers everything of value, including:
- Homes, Land, Vehicles (cars, motorcycles, ATVs) and Boats
- Bank accounts and Business interests
- Jewelry, Art, surfboards, equipment, collections, Tools and machinery.
9. Life Insurance: Not a Will, But a Lifeline. Life insurance does not replace a will, but it can:
- Cover immediate expenses
- Support dependents
- Buy time during legal processes
If you don’t have life insurance and others depend on you — this is a wake-up call.
10. Different Types of Wills: Let’s Clear the Confusion. People often mix terms, so let’s slow this down.
Traditional Will
- Distributes assets after death
- Names heirs and beneficiaries
- Appoints an executor
Living Will (Advance Directive)
- Covers medical decisions while you are alive
- Applies if you are incapacitated
- States wishes for life support and care
They are not the same, a living will is not complete without a traditional will, you must have both. One handles death and the distribution of your assets. The other handles the space before death.
11. Powers of Attorney: The Missing Middle Layer. A power of attorney allows someone to:
- Act on your behalf
- Manage finances
- Handle legal matters
12. Do-It-Yourself Online Wills: Can You Use Them Here? Short answer: NO
Online wills:
- Do not meet Costa Rican legal standards and Are not enforceable here
13. Two Countries, Two Wills: How to Do It Right. If you have assets in multiple countries:
- Create separate wills
- Coordinate them
- Ensure they do not revoke each other
14. What a Solid Will Should Include. At minimum:
- Full legal name and ID
- Clear list of assets, and all legal paperwork to the assets.
- Named beneficiaries and their relationship to the holder, and ID information.
- Executor designation, super important to release loved ones from dispute.
- Alternate beneficiaries, and their legal names and ID
- Signature and notarization
15. Steps to Take Immediately When a Loved One Passes. This is the part no one prepares for — but everyone should read.
Priorities:
- Death certificate (make copies, you will need multiple).
- Secure property and Locate any wills or policies
- Contact a lawyer
- Avoid verbal agreements
16. Final Thought: Do This While You’re Alive and Well. Do it on a normal day. With a clear head. Start with a list of your assets, then a list of your blood family, and others you wish to include. Next step, find your documents to the assets, so you have what you will need to be included in the will to make it legal and binding. And have as many documents as possible to identify the members you wish to include in your will. Don´t leave anything out, and when you acquire more assets, make sure you update the will as needed. Now you are ready to call up a local Law office and get a meeting scheduled. One of the Longest standing Law offices in Santa Teresa is ST Law. They are very happy to assist you and can be reached at
