What is a probate proceeding like in Panama? Frequently asked questions.

In this article, you'll find frequently asked questions about probate proceedings and some of the answers you're looking for:

1. What is probate, and what do the terms heir and legatee mean? Probate is the transfer of the rights and obligations of a deceased person to those designated by law or the testator to receive them. The heir inherits universally, meaning they receive the entire inheritance, while the legatee inherits specifically, meaning they receive particular assets or rights.

2. What are the types of probate? In Panama, there are two types of probate: intestate succession, which is determined solely by law, and testamentary succession, which is carried out according to the deceased's wishes expressed in a valid will. In some cases, the inheritance can be distributed according to both the deceased's wishes and the law.

3. When does probate begin? The right of succession begins in both intestate and testate successions from the moment of the deceased's death or when their death is presumed according to law.

4. What law governs succession in Panama? With respect to assets located in Panama, Panamanian law governs succession, even if the deceased resided in another country at the time of death. However, judgments from other countries regarding the distribution of assets will be valid in Panama, unless they conflict with the rights established by Panamanian law and are challenged in Panamanian courts.

5. Who can inherit in Panama? In general, any natural or legal person has the capacity to inherit, unless the law provides otherwise. However, there are exceptions, such as aborted fetuses that do not meet the legal requirements to be considered persons, and associations or corporations not permitted by law.

6. What happens to testamentary dispositions made during the testator's final illness? Testamentary dispositions made during the testator's final illness in favor of their priest, close relatives, or religious institutions are not valid in Panama. Furthermore, unspecified dispositions in favor of the deceased's soul will be sold, and the proceeds will be donated to charitable works in their place of residence.

7. What are the grounds for disqualification that can exclude a person from receiving an inheritance? There are various grounds for disqualification in Panama, such as abandonment of children by their parents, prostitution of children by their parents, attempts on the testator's life, and falsely accusing the testator of serious crimes, among others. However, these grounds can be waived if the testator was aware of them at the time of making the will or waives them in a public document.

8. What is the statute of limitations for filing a legal action for incapacity to inherit? There is a five-year statute of limitations for filing a legal action to declare incapacity to inherit, counted from the moment the incapacitated person takes possession of the inheritance or legacy.

We hope these answers have clarified your basic questions about probate proceedings in Panama. Remember that each case may have its own specific circumstances, and it is advisable to seek specialized legal advice to obtain more precise information tailored to your situation.

About the author:

• Attorney Jaime Enrique Paolo Jr., Specialist in Civil Law with decades of experience in inheritance, estates, and other similar civil proceedings.

Probate proceedings in Panama. Wills and inheritances.