How to Write a Will in Panama

Panama recognizes several distinct will types, each with strict execution protocols that differ sharply from what most English-speaking expats are used to. A will drafted in English without proper translation, or signed without the correct number of witnesses, can be declared void — leaving your Panamanian assets subject to intestate succession.

Here's what you need to know about each option.

The Open Will (Testamento Abierto)

This is the most common and recommended format for expats. You execute it before a licensed Panamanian notary public and three witnesses. The notary retains the original deed in protocol archives, making post-death validation straightforward — no court hearing required to open it.

Requirements:

• Must be executed before a notary and three witnesses
• If the testator is blind, the will must be read aloud twice (once by the notary, once by a witness)
• If the testator is deaf, they must read it themselves
• Testators over 70 may need a Certificate of Good Mental Health ($300–$500)

Translation rule: If written in a language other than Spanish, two certified translators chosen by the testator must translate it into Spanish during the execution ceremony. Failure to do so nullifies the will.

Legal fees for an open will range from $750 to $1,650, plus approximately $600 in government filing fees.

The Closed Will (Testamento Cerrado)

A closed will is placed inside a sealed envelope and presented to a notary in the presence of three witnesses. The notary seals and authenticates the envelope without reading the contents.

Upon death, the sealed envelope must be brought to a judge, who conducts a formal opening hearing, signs each page, and orders notarization. This adds a court step that the open will avoids.

Same foreign-language translation requirements apply to the internal document.

The Holographic Will (Testamento Ológrafo)

A holographic will must be entirely handwritten, dated, and signed by the testator. No typed elements, no erasures, no strike-throughs. The signature must match the testator's official identification.

Critical deadlines: The custodian must present the holographic will to a Circuit Judge within ten days of learning of the death, or face civil liability. The will itself must be presented within five years of the death — after that, it expires.

Holographic wills written in English must be translated into Spanish by official translators after death, adding time and cost to validation.

The Consular Will

Panamanian law allows citizens and registered residents to file a will at a Panamanian consulate abroad — the consul acts as a notary public. The consul sends a copy to the Ministry of Government, which publishes a death notice upon the testator's passing so heirs can collect the document.

What Happens If No Will Is Found

If heirs cannot locate a will, the attorney must obtain written certifications from every notary office in the deceased's last circuit confirming no will was registered there. In Panama City or Chiriquí, with multiple notary offices, this "negative search" process creates significant delays before an intestate succession petition can even be filed.

This is why the open will, registered with a notary, is strongly preferred — it creates a permanent, searchable record.

Common Mistakes Expats Make

• Relying on a US will alone. A US will has no automatic authority over Panamanian assets. You need a separate Panamanian will or a succession proceeding that recognizes the foreign will.
• Skipping the Spanish translation. A will executed in English without certified translation during the ceremony is void.
• Not updating after life changes. A will executed before a second marriage or the birth of additional children may not reflect current obligations under Panama's alimony rules.

The Panama Expat Death Guide covers all will types, execution requirements, and a step-by-step guide to creating a valid Panamanian will as a foreign national.

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