Summary.
The bill proposes adding a chapter on simplified notarial probate to the Judicial Code of the Republic of Panama. The notarial procedure would cover cases in which all heirs are adults and there is no dispute among them; cases in which the deceased left a will and all heirs agree with its contents; and intestate estates with no minor heirs or legally incapacitated persons. The competent notary public would be the notary for the deceased’s last place of residence or for the place where most of the assets are located.
The proceedings would begin with a written application filed through an attorney. The application would have to include the personal details of the heirs and the deceased, the death certificate, and an inventory of assets and debts accompanied by documents establishing ownership of the assets. The heirs would also have to expressly declare under oath that none of them is a minor or legally incapacitated and that there is no dispute over the division of the assets.
The notary would verify the documents and, if they are in order, prepare the inventory and appraisal. After publication of a notice, if no objections are filed within the following 10 business days, the notary would distribute the assets under the will or the rules of intestate succession. The distributions would be formalized in a public deed and recorded in the relevant registries. If a dispute arises among the heirs at any time, the notary would refer the case file to the competent court for the proceedings to continue there. Matters not covered by the chapter would be governed, on a supplementary basis, by the Judicial Code’s provisions on probate proceedings.
The article adding the chapter amends the Judicial Code of the Republic of Panama, while another provision of the bill reiterates the addition under the name Judicial Code of Panama. The bill directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within 90 days after promulgation. It provides for entry into force 30 days after promulgation and allows probate proceedings pending when it enters into force to use the new procedure if all parties involved request it.
The matter involves the National Assembly (Asamblea Nacional) and the Government, Justice and Constitutional Affairs Committee (Comisión de Gobierno, Justicia y Asuntos Constitucionales) in the legislative process, as well as the Executive Branch, notaries public, competent courts, and relevant registries in the functions provided for. It may be of interest to heirs, attorneys, and people connected with estate assets in Panama.
What it proposes.
- Simplified notarial probate procedure.
- Notarial jurisdiction and application requirements.
- Inventory, appraisal, distribution, and registration of assets.
- Referral to a court when a dispute arises.
Who it would affect.
- Heirs who request the simplified probate procedure.
- Competent notaries public.
- Attorneys who file the application.
- Parties to pending probate proceedings who request to use the procedure.
Key points.
- Proposes adding a chapter to the Judicial Code allowing certain undisputed estates to be settled before a notary.Art. 1
- Gives jurisdiction to the notary for the deceased’s last place of residence or the place where most of the assets are located.Art. 1
- Requires a written application filed through an attorney, documents concerning the deceased and the assets, and a sworn declaration by the heirs.Art. 1
- Provides for document verification, an inventory and appraisal, publication of a notice, and distribution of the assets if no objections are filed within the following 10 business days.Art. 1
- Requires the distributions to be formalized in a public deed and recorded in the relevant registries.Art. 1
- Requires referral of the case file to the competent court if a dispute arises and supplementary application of the Judicial Code’s probate rules.Art. 1
- Directs the Executive Branch to issue implementing regulations within 90 days after promulgation.Art. 9
- Allows pending probate proceedings to use the procedure at the request of all parties involved.Art. 10