Mistakes Expats Make After a Death in Costa Rica

Every one of these mistakes has been made by English-speaking families who assumed Costa Rica's legal system works like the one back home. Some cost money. Some cost months. A few are irreversible.

Using the Deceased's Bank Card After They Die

The most common mistake and the most dangerous. A surviving spouse grabs the deceased's debit card to pay for immediate expenses — funeral deposits, hotel bills, groceries. It feels logical. It's potentially criminal.

Under Costa Rican civil law, all powers of attorney and account access granted by the deceased terminate instantly upon death. Using the card, accessing online banking, or withdrawing cash post-mortem can result in civil lawsuits from other heirs and criminal charges for unauthorized asset use.

What to do instead: Pay from your own accounts, borrow from family, or coordinate with your embassy for emergency contacts. If you absolutely need access to the deceased's local funds, the only legal path is through formal probate — or, if they set up beneficiary designations under Ley 10181, through the bank's direct release process.

Assuming Joint Accounts Protect the Surviving Spouse

In the US, UK, or Canada, a joint account with right of survivorship means the surviving holder keeps full access when the other dies. Costa Rica does not have automatic right of survivorship.

Most standard joint accounts at Costa Rican banks are "mancomunada" (Y) accounts — both signatures required. When one holder dies, the entire account is frozen until probate resolves. Only "solidaria" (O) accounts, where either holder can act independently, continue to function after a death.

If you don't know which type you have, check now — not after someone dies.

Relying on a Foreign Will

A will executed in the US is technically valid in Costa Rica. But to use it, you need to have it apostilled, translated by a sworn translator, and recognized through a Costa Rican court process called exequatur. This adds 12 to 24 months to the probate timeline before any asset division begins.

A local Costa Rican will, drafted before a notary in a single appointment, skips all of this. It costs a few hundred dollars and eliminates the most expensive delay in the entire estate settlement process.

Missing the Insurance Notification Deadline

Most Costa Rican insurers (including the INS) require written notification of accidental death claims within 7 business days of the incident. Not 7 days after you get the autopsy results. Not 7 days after you get the death certificate. Seven business days from the date of the incident.

Missing this window can void the claim entirely, even for legitimate accidental deaths with completed OIJ investigations. File the written notification immediately — you don't need complete documentation, just the formal notice that a death occurred.

Letting the OIJ Clock Run Out

The Judicial Morgue in Heredia can store remains for a maximum of two months. After that, unclaimed remains are buried in a common grave or donated to a medical institution. There is no extension, no appeal.

If you're managing the situation from abroad, you need a local representative — your funeral director, a trusted friend, or an attorney — actively communicating with the OIJ and making disposition decisions on your behalf. "We're still deciding" is not an answer the system accepts for two months.

Ignoring Lease Subrogation Rights

If the deceased was renting an apartment or house under a residential lease (not a short-term vacation rental), surviving cohabiting family members have a legal right to continue the lease under Ley 7527, Article 85. But this right expires if formal notice isn't delivered to the landlord within three months of the death.

After three months, the lease terminates and the landlord can begin eviction proceedings. Surviving occupants who had the right to subrogate but failed to notify in time can also be held liable for unpaid rent during those three months.

Not Knowing When to Skip the Lawyer

Families sometimes hire an attorney for tasks that don't require one — death registration at the TSE (the funeral director handles this), embassy notifications, or bank freeze notifications. An attorney's time is expensive and legally required only when dealing with titled assets through probate.

Conversely, families sometimes try to handle probate without legal representation, which is impossible for any titled asset in Costa Rica.

The Someone Died in Costa Rica: English Speaker's Emergency Guide separates every step into "free/family-handled" and "requires professional" categories, so you never pay for help you don't need — and never attempt something that requires a notary.

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