Procedure guide · Estate planning and inheritance
Making a Will in Panama as a Foreigner
Which types of will Panamanian law allows, how to make one before a notary, why it matters if you own assets in Panama and how to coordinate it with yours.
- Assets in Panama
- Governed by Panamanian law
- Types
- Open, sealed and holographic
- Before
- A notary (open and sealed)
- Updated
On this page
In short
If you own assets in Panama, it is wise to make a will in Panama: those assets are governed by Panamanian law even if you are a foreigner and do not live there, and without a will your heirs will have to go through intestate succession. The law allows an open will before a notary, a sealed will and a holographic will, written in your own hand.
What types of will are there?
- Open: you state your wishes before the notary and witnesses, who record them in a public deed. It is the safest and the easiest to execute afterwards.
- Sealed: you hand over your wishes in a sealed document and declare before the notary that it contains your will, without revealing its content.
- Holographic: you write it entirely by hand, with your signature and the full date (year, month and day). It does not need a notary, but after death a judge must confirm its validity before it is executed.
What can you decide?
Panamanian law grants broad testamentary freedom: you can name heirs and leave specific assets as legacies, with the obligation to provide support for relatives who depend on you. Your home country may have different rules, such as forced heirship, which will apply to the assets you have there.
What do you need for an open will?
- Your valid passport or cédula.
- A list of your assets in Panama: real estate, accounts, shares or interests.
- Full details of your heirs and legatees.
- The witnesses the law requires, who go with you to the notary.
- An interpreter, if you are not fluent in Spanish.
Step by step
01
Review your assets and your will at home
Decide what each will covers so they do not contradict each other: usually the Panamanian will is limited to assets located in Panama.
02
Prepare the draft with a lawyer
Heirs, legacies, executor and, where appropriate, guardians for minor children.
03
Sign it before a notary
The notary reads the will in the presence of the witnesses, who watch you sign it.
04
Keep a copy and let people know where it is
Make sure your heirs know it exists and at which notary's office it was made.
05
Review it when your situation changes
After a marriage, a divorce, the birth of a child or the purchase or sale of assets.
Costs
- Notary
- Depends on the case
- Lawyer's fees
- Depends on the case
- Interpreter
- If you need one
Frequently asked questions
Is my will from home valid in Panama?
It may be, but it will have to be legalized or apostilled, translated and validated before a Panamanian judge, which makes the process longer (see embassies and consulates). A Panamanian will for your assets in Panama simplifies it.
Is a handwritten will valid?
Yes, a holographic will is valid if you write it entirely in your own hand, with your signature and the full date. Its risk is that it may be lost or challenged: an open will before a notary is safer.
What happens if I die without a will in Panama?
Your assets in Panama are distributed through intestate succession, in which a judge declares who your heirs are under the law (see probate in Panama).
Can I change my will?
Yes, as many times as you want: a later will revokes the earlier one, in whole or in part, depending on what it says.