---
titulo: "Inheritance and Successions in Panama: 2026 Guide"
titulo_seo: "Inheritance and Succession in Panama: Probate"
meta: "Who inherits in Panama with a will and without one, how probate runs under Law 402 of 2023, and why debts travel with the estate. Plan, don't litigate."
autor: "Diego Ospina Serna"
fecha: 2026-07-04
actualizado: 2026-07-04
materia: "Civil Law"
idioma: "en"
par: "sucesiones-en-panama-herederos-y-testamento-2026"
resumen: "What happens to assets when someone dies in Panama: succession with and without a will, who the heirs are, how the probate process works under the new Civil Procedure Code, and how foreigners with Panamanian assets can avoid conflict with proper planning."
tags: ["Successions", "Inheritance", "Will", "Civil Law"]
orden: 20260703
pasos:
  - name: "Open the succession"
    text: "Filed before the competent judge, generally that of the deceased's last domicile, with the death certificate and the asset documentation."
  - name: "Declaration of heirs"
    text: "The judge recognizes who the heirs are."
  - name: "Inventory and appraisal"
    text: "The estate's assets are identified and valued."
  - name: "Adjudication"
    text: "The assets are assigned to each heir according to their share, by the same judge who heard the declaration."
---

When a person dies, their assets, rights and debts pass to their heirs through **succession**. In Panama the process can be simple or turn into years of family conflict, and the difference usually lies in prior planning. This is especially important for **foreigners who own property, accounts or a company in Panama**.

> **Note:** general information current as of the date. The succession process follows the new **Civil Procedure Code (Law 402 of 2023, in force since October 11, 2025)**; cases started earlier follow the former Judicial Code. The substance of inheritance is governed by the Civil Code. Confirm your case with a lawyer.

## With a will or without one

- **Testate succession:** the person left a **will**, and the assets are distributed according to their wishes, within the limits set by law.
- **Intestate succession:** there is no will, and the law determines **who inherits and in what order** (generally, first the children and the spouse, then the ascendants, and so on).

Having a will does not remove the process, but it **orders and speeds it up**, and reduces disputes among heirs.

## Who inherits

In intestate succession, the Civil Code sets an **order of calling**: descendants (children, grandchildren), the surviving spouse, ascendants (parents) and other relatives, by degree. Each share depends on who concurs. Correctly determining the set of heirs is the first step — and a frequent source of disputes.

## The probate process, step by step

1. **Opening.** Filed before the competent judge — generally that of the **deceased's last domicile** — with the death certificate and asset documentation.
2. **Declaration of heirs.** The judge recognizes who the heirs are.
3. **Inventory and appraisal.** The estate's assets are identified and valued.
4. **Adjudication.** Assets are assigned to each heir according to their share.

The same judge who hears the declaration handles the inventory, appraisal and adjudication, concentrating the process.

## Debts, not only assets

The estate includes the good and the bad: heirs also receive the deceased's **debts**. It is therefore worth assessing the estate before accepting, and knowing the options the law offers (such as acceptance under benefit of inventory) so as not to be liable beyond what is inherited.

## The best succession is the one you plan

A clear **will**, and in many cases a **Private Interest Foundation** that orders the estate during your lifetime, avoid litigation, protect the family and save time and money. This is a common, effective structure for foreigners who want their Panamanian assets to pass smoothly.

> Related: [Panama Private Interest Foundation](/guias/panama-private-interest-foundation-asset-protection/) · [Panama company types compared](/guias/panama-company-types-compared-corporation-llc-foundation-2026/).

*Legal basis: Civil Code and Civil Procedure Code (Law 402 of 2023). Informational content, not legal advice.*

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**Relacionado:** [[inheriting-property-in-panama-as-a-foreign-heir|Inheriting property in Panama when you live abroad]]