Procedure guide · Estate planning and inheritance
Probate in Panama: How to Handle an Inheritance
How to inherit assets in Panama: testate or intestate succession, the competent court, documents and steps to distribution, including for foreign heirs.
- Types
- Testate or intestate succession
- Before
- Municipal or civil circuit court
- Approximate duration
- Several months
- Updated
On this page
In short
To inherit assets located in Panama, a succession proceeding (probate) must be carried out before a Panamanian court, even if the deceased and the heirs are foreigners. If there is a will, the succession is testate and the will is carried out; if not, it is intestate and the judge declares who the heirs are under the law. The assets are then distributed and registered in the heirs' names.
Which court handles it?
- Municipal court: for smaller estates (up to USD 5,000), which can be handled without a lawyer.
- Civil circuit court: for all others, always with a lawyer.
These are non-contentious proceedings: the judge declares a right rather than settling a dispute. Applications are filed at the Judicial Branch's Single Filing Registry, which assigns them to the courts. A recent reform also provides a simplified procedure before a notary when all the heirs agree; confirm whether it is already in force for your case.
Requirements
- Death certificate, apostilled or legalized and translated if the death occurred outside Panama.
- The will, if there is one: a copy of the deed for an open will or the original of a holographic will.
- Certificates proving the relationship: marriage and birth certificates of the heirs.
- An inventory of the assets in Panama: Public Registry certificates for properties and companies, and bank statements.
- The heirs' ID documents and a power of attorney to the lawyer.
Required documents
- Apostille or legalisation
Death certificate
Will
If there is one
- Apostille or legalisation
Marriage and birth certificates
Proving the relationship
Public Registry and bank certificates
Inventory of the assets
- Apostille or legalisation
Power of attorney to the lawyer
Apostilled if signed outside Panama
Step by step
01
Gather the documents
Request the death certificate and check whether there is a will, for example by asking at the notary offices where it may have been made.
02
File the succession application
With the appropriate court, through the Single Filing Registry, with a lawyer if it is a circuit court.
03
Public notice
The court publishes a notice (edicto) so that anyone entitled to inherit can come forward.
04
Declaration of heirs
The judge declares who the heirs are and, in a testate succession, recognizes the will.
05
Distribution and registration
The assets are awarded to the heirs and registered in their names in the Public Registry; banks release the funds with the court order (see registering in the Public Registry).
Costs
- Lawyer's fees
- Depends on the case
- Public Registry registration costs
- Depends on the assets
- Apostilles and translations
- Variable
Frequently asked questions
Who inherits if there is no will?
In intestate succession, the law gives priority to the spouse and children; failing them, to other relatives. If there is no one entitled, the estate passes to the municipality of the deceased's last address.
How long does probate take?
Several months, depending on the court's workload, on the documents being complete and on there being no opposition. A clear will helps shorten it (see making a will in Panama).
What if the deceased had assets in other countries?
The Panamanian declaration of heirs applies to Panama. For assets abroad, succession must be handled in each country, often by submitting the legalized Panamanian court order there.
Is there inheritance tax?
Panama has no general inheritance tax, but your country of residence may tax inheritances under its law. Review it before accepting the inheritance (see double tax treaties).