Frequently Asked Questions

Find answers to the most frequently asked questions about our legal services. If you don't find the information you're looking for, please don't hesitate to contact us directly.

Real Estate

How do I know if the property has a valid title and is free of liens?

A detailed study of the property is necessary. At KMR LEGAL, we conduct a thorough registry analysis through the National Registry. This allows us to confirm that the property title is properly registered, free of mortgages, liens, or judicial annotations that could compromise your purchase. Buying without this legal verification is taking an unnecessary risk.

Is it mandatory to register the property in the National Registry?

Yes. Registration is what formalizes the transfer of ownership and must be done through a public notary, but only a specialist attorney ensures that the entire process is secure, legal, and without hidden surprises. Our legal team not only ensures that the registration is done correctly but verifies each step of the process to guarantee that you are recognized as the owner before the Costa Rican State and your purchase is made safely.

What documents do I need to buy property in Costa Rica?

Among others, you need the public deed of sale, the cadastral plan, and certifications from the National Registry and the corresponding municipality. At KMR LEGAL, we take care of managing, reviewing, and validating all documentation, ensuring that your investment is protected from the start.

Can I buy in my personal name or do I need to create a corporation?

Both options are valid. At KMR LEGAL, we analyze your specific situation and advise you on the most convenient legal structure, considering asset, tax, and estate planning aspects.

What happens if there is an annotation or litigation on the property?

A registry annotation or judicial process can pause or nullify a sale. At our firm, we detect these conflicts in time and guide you with absolute clarity on the legal implications, preventing you from assuming a liability without knowing it.

Can foreigners buy property in Costa Rica?

Yes, in general, foreigners have the same rights as Costa Rican citizens, with the exception of properties located in the Maritime Terrestrial Zone. Our team regularly advises foreign investors, providing complete clarity on the legal limits and possibilities in each case.

Estate Planning

What is estate planning and why should I consider it?

It is the legal and strategic process to organize the transmission of your assets during your lifetime, ensuring that your property passes to the people you designate, in an orderly manner and without conflicts. At KMR LEGAL, we help you avoid unnecessary lawsuits, protect vulnerable heirs, and ensure your wishes prevail.

What documents are used in estate planning?

The most common are wills, trusts, donations, and succession agreements. Our legal team analyzes your financial and family situation to design an appropriate structure that is proof against future conflicts.

What happens if a person dies without a will?

In the absence of a will, legitimate succession applies according to the Civil Code, which can cause disputes between heirs and delays in the distribution of assets. With KMR LEGAL, you prevent your family from being exposed to lengthy, costly, and emotionally draining processes.

Can I exclude an heir or leave more to some than others?

Yes, within certain legal limits. At KMR LEGAL, we advise you on how to structure your wishes in a valid way, respecting the legitimate portion of forced heirs, community property rights, and protecting your desire to distribute assets either equitably or strategically.

Can I leave specific assets to certain heirs?

Yes. It is possible to assign specific assets through a will or advance donation. Our team is responsible for drafting these instruments with legal precision, ensuring their subsequent fulfillment.

What is a succession trust and when is it advisable to use it?

It is a tool to transfer assets safely and gradually, ideal in cases of complex estates or to protect minors or people with disabilities.

Notarial Services

What documents should I bring for a signature authentication?

For signature authentication, you must present your valid identification document (ID card, passport, or DIMEX) and the document that requires authentication. It is important that you do not sign the document beforehand, as the signature must be made in the presence of the notary.

How long does it take to complete a notarial procedure?

The time varies depending on the complexity of the procedure. Simple authentications can be completed on the same day, while more complex deeds such as property transfers may take between 1 and 3 business days for preparation, plus the corresponding registration time.

Can I request notarial services if I am a foreigner?

Yes, foreigners can request notarial services in Costa Rica. You must present your valid passport or DIMEX. For certain procedures such as property purchases, you may need additional documents depending on your immigration status.

Do you offer notarial services at home?

Yes, we offer notarial services at home by appointment, subject to availability and within our service area. This service has an additional cost depending on the distance and complexity of the procedure.

Corporate Law

What type of company is most convenient for my business in Costa Rica?

The most appropriate structure depends on several factors such as the size of your company, number of partners, commercial activity, and growth projections. In Costa Rica, Corporations (S.A.) and Limited Liability Companies (S.R.L.) are the most common. S.A.s offer greater flexibility for companies with multiple shareholders, while S.R.L.s may be more convenient for family businesses or those with few partners. Our team can evaluate your specific situation and recommend the optimal structure.

What are the requirements for a foreigner to establish a company in Costa Rica?

Foreigners have the same rights as Costa Ricans to establish companies in the country. Residency or local partners are not required. The basic requirements include: defining the corporate structure, having a resident agent (if all partners are non-resident foreigners), obtaining the necessary identification documents, drafting the company bylaws, and registering with the Commercial Registry. Additionally, depending on the activity, specific permits or licenses may be required.

Immigration

How long does it take to obtain residency in Costa Rica?

Processing times vary depending on the immigration category and the workload of the authorities. In general, a residency application can take between 3 and 12 months from submission to final resolution. During this period, a provisional document is issued that allows the applicant to remain legally in the country. Our team works to expedite the process and keep you informed at each stage.

Can I work in Costa Rica while my residency is in process?

In general, it is not allowed to work while your residency is in process, unless you obtain a specific work permit. However, there are exceptions for certain categories such as investors who manage their own businesses or corporate transfers with special permits. Our team can advise you on the options available according to your particular situation and, if necessary, manage the corresponding permits.

Judicial Collection

How long does it take to recover a debt through a judicial process?

Recovery time varies depending on the type of process, the complexity of the case, and the workload of the courts. In general, a monitory process can take between 6 and 18 months, while an executive process can be resolved in 4 to 12 months. Mortgage foreclosures tend to be more extensive, taking between 8 and 24 months. These timeframes can be significantly shortened if a payment arrangement is reached during the process.

What documents do I need to initiate a judicial collection process?

The required documents depend on the type of process. For a monitory process, you will need documents that demonstrate the existence of the debt, such as contracts, invoices, account statements, or debt acknowledgments. For an executive process, you will require executive titles such as promissory notes, bills of exchange, or checks. For mortgage or pledge foreclosures, you will need the credit contract, the mortgage or pledge deed, and registry certifications that demonstrate the existence of the guarantee. In all cases, it is essential to have documentation that clearly identifies the debtor.

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