The distribution of property and assets in the absence of a will depends on each case, but usually the spouse inherits the largest portion of the property when the deceased is married. The judge allocates the sum of the total wealth of the deceased according to conjugal rights and then distributes the balance among the legitimate heirs designated by the judge. The Civil Code defines the following as legitimate heirs: in qatar
First degree: the deceased's spouse, children and parents. If the deceased does not have a spouse, children or parents, the judge calls other relatives, arranged accordingly:
Second degree: grandparents and other ascenders.
Third degree: Mother's natural brothers and sisters.
Fourth degree: the deceased's nephews.
Fifth degree: the deceased's uncles.
Sixth graduation: State. If the estate does not pass to the previous 5 degrees, the Civil Code specifies that the property must be transferred directly to the Board of Education in the district of the latter's property.
Property in Costa Rica may be freely given throughout the owner's lifetime.
One of three legal procedures may be used to perform a gift: a donation, a free transfer of share certificates, or a trust.
A recipient must specifically accept a donation and notify the donor of acceptance. If the property belongs to a legal entity, a free transfer of share certificates may occur. The law requires signatures on share certificates and a register in the register of shareholders of the company. The Costa Rican Commercial Code also permits the creation, according to the trustee's needs, of a trust with all kinds of provisions.
Generally speaking these procedures are simple, but require the help of a notary to record in the Costa Rican Public Registry the name of the new owner.
Various legal restrictions affect property transfer, such as:
The donor is allowed to limit the recipient's transfer of the property to a period of ten years when the donation is made.
Without the consent of the married couple, a family home cannot be transferred or mortgaged. To be legally valid, the property must be registered as a family home in the Public Registry and fulfill the requirements for this purpose, for example, not to exceed 10763.9 square feet in an urban zone, or 107639 square feet in an agricultural area.
There are other limitations, relating to the county development plan in which the property is located. This plan provides for the distribution of business, industrial and residential areas. The situation of the property must also be analyzed on a case-by-case basis.
If a donation is made according to the legal procedures laid down in the Civil Code correctly, the donation is not open to challenge after death. In order to avoid a challenge of such a kind and to avoid subsequent annulment, the donation must be made in a public act. In addition, the property or property must be clearly described in the Public Registry registration.
Marital status can limit heritage, regardless of where it has occurred or where the current residence is. If the purchase of the property is a single person, it is not subject to marital rights, but the property is subject to a marital property regime when purchased as a married person. This does not mean that the property is jointly owned. The asset division must be legally determined by a court.
If the divorce proceeding is continuing, the Costa Rican courts may order the Public Registry to retain the property until the final decision of the Court is reached. Once the divorce ruling is finished, an executor must recognize it. If a divorce is filed in Costa Rica, the conjugal rights shall amount to 50% of the net price of all goods and properties purchased during marriage. The marriage certificate and titles of the properties and goods are required in order to file this.
Minors are entitled to inherit property.
The property may be registered under the name of the minor on the Public Registry where the property (or part of the property) is to a minor or minors (the child, children of no legal age, or others not legally adult); the child is however unable to administer the property. In this case, a guardian is able to act on the minor's behalf. A guardian in the will may be appointed, but if not, the court may appoint a person under the law. For example, the priority order laid down in the Costa Rican Family Code is: Grandparents have priority; one of the legal-age brothers or sisters in their absence, the aunts and uncles as a third option. If no relatives of these are willing to accept the custody, the court can appoint an independent custodian.
In order to avoid heritage problems, the property owner in Costa Rica should:
Confirm that the property deed was registered as soon as possible in the Public Registry. S/he must request a document confirming the situation from the Notary Public. Foreigners sometimes buy a property and then leave the country without a property certificate duly recorded.
Be clear about the legal status of the property because in Costa Rica there are different types of ownership.
Designate a manager or person to look after the property when he or she is not in Costa Rica. This is important in order to preserve the property; in addition to avoid disturbances or illegal use.