Securing Your Legacy: An Expat's Essential Document Checklist for Ecuador

The Ecuadorian Legal Framework: Key Laws and Processes

Ecuadorian succession law is rooted in the Napoleonic Code and differs significantly from common law systems. The primary legislation governing these matters is the Código Civil (Civil Code), specifically Libro III, "De la Sucesión por Causa de Muerte" (On Succession by Cause of Death), beginning with Artículo 993. This framework mandates forced heirship rules, meaning you cannot freely disinherit your children (legitimarios) or, in some cases, your spouse.

Upon a person's death, their heirs must initiate a process called Posesión Efectiva (effective possession of the inheritance). This can be done in one of two ways:

1. Judicial Probate (Posesión Efectiva Judicial): Overseen by a judge and governed by the Código Orgánico General de Procesos (COGEP). This is required for complex estates or when there are disputes among heirs.
2. Notarial Probate (Posesión Efectiva Notarial): A faster, more common administrative process handled by a Notary Public for undisputed estates with a clear will or agreement among heirs.

Regardless of the path, the process hinges on the timely presentation of complete and accurate documentation.

The Crucial Role of Documentation: Your Family's Lifeline

Think of this checklist as a final act of care for your loved ones. A well-organized file provides a clear roadmap, mitigating bureaucratic delays and emotional strain during an already difficult time.

I. Foundational Identification Documents (For the Deceased)

This is the non-negotiable starting point. Without these, all other processes halt.

• Original Passport & Original Ecuadorian Cédula de Identidad: Your Cédula is the primary identification document within Ecuador. Ensure it is not expired.
• Death Certificate (Certificado de Defunción): Issued by the Ecuadorian Registro Civil. Hyper-specific detail #1: The death must be officially registered (inscripción de defunción) within 48 hours. A common mistake is for families to delay this, which can complicate funeral arrangements and the issuance of the official certificate needed to begin any legal process. The certificate itself costs approximately $6.
• Birth Certificate: If from outside Ecuador, it must be apostilled in its country of origin and then translated into Spanish by a court-certified translator (perito traductor) in Ecuador. Simply translating it is not enough.
• Marriage Certificate (Certificado de Matrimonio): Essential for determining the spousal portion (porción conyugal) and community property rights. Foreign certificates also require an apostille and certified translation.
• Divorce Decree (Sentencia de Divorcio): If applicable, to prove the dissolution of prior marriages. This also requires an apostille and certified translation if issued abroad.

II. Proof of Assets and Liabilities (The Estate)

This inventory forms the basis for the estate's valuation and distribution.

• Real Estate Deeds (Escrituras Públicas): Original registered deeds from the Registro de la Propiedad (Property Registry) for all real estate owned in Ecuador.
• Vehicle Title and Registration (Matrícula): Proof of ownership for any vehicles.
• Bank Account Information: A complete list of all bank and cooperative (cooperativa) accounts. Heirs will need a Certificado de Saldos (Certificate of Balances) from each institution, dated to the day of death.
• Investment Statements: Documentation for any stock certificates, pólizas (certificates of deposit), or other investments.
• Business Ownership Documents: If you own a company, provide the escritura de constitución (articles of incorporation) filed at the Registro Mercantil (Mercantile Registry) and a recent Certificado de Cumplimiento de Obligaciones from the Superintendency of Companies.
• Loan Agreements and Debts: A clear record of all outstanding mortgages, loans, and credit card debts.
• Insurance Policies: Life insurance, health insurance, or funeral plans.

III. Essential Legal and Planning Documents

These documents articulate your wishes and grant legal authority.

• Will (Testamento): This is the most critical document for directing your estate.
  • Ecuadorian Will (Testamento Abierto o Cerrado): A will executed before an Ecuadorian Notary is the gold standard. It ensures compliance with local law and dramatically simplifies the probate process.
  • Foreign Will: While potentially valid under international treaty, a foreign will is a recipe for delay and expense. It must be probated in its home jurisdiction first, then apostilled, translated, and subjected to a lengthy judicial review (exequatur) in Ecuador to confirm it doesn't violate Ecuadorian public order, such as our forced heirship laws. I strongly advise all clients to execute an Ecuadorian will.
• Power of Attorney (Poder General o Especial): A general power of attorney typically expires upon death, but a special power of attorney granted for a specific post-mortem task may still be relevant.
• Contact Information for Your Ecuadorian Lawyer: The name, contact details, and fee agreement for the professional who understands your affairs.

IV. The Post-Mortem Tax Obligation

This is a step that surprises many expats and their families.

• SRI Password: The online login credentials for the Ecuadorian tax authority, the Servicio de Rentas Internas (SRI), are invaluable for your executor.
• Hyper-specific detail #2: Within six months of the death, the heirs must file Formulario 108 - Declaración del Impuesto a la Herencia, Legados y Donaciones. Failure to do so incurs fines and interest. Even if no tax is owed due to exemptions, the declaration is mandatory for the SRI to authorize the transfer of assets at the Property Registry and other institutions.
• Taxpayer ID Numbers (RUC/RISE): Your Ecuadorian RUC or RISE number.

Practical Checklist for Cuenca Expats: Proactive Steps

1. Create a "Legacy File": Organize all the above documents in a clearly labeled physical binder or secure digital folder. Inform your executor and a close family member of its exact location.
2. Draft an Ecuadorian Will: This is the single most important step you can take. Hyper-specific detail #3: An Ecuadorian will must respect the legítimas, the legally mandated portion of the estate reserved for your children (currently 50% of the estate, divided equally among them). A will allows you to freely distribute the remaining portion, but ignoring the legítimas can lead to the will being challenged and partially nullified.
3. Appoint a Capable Executor (Albacea): Designate a trustworthy individual in your will. This can be your lawyer, a trusted friend, or a family member. Ensure they are willing and able to perform the duties.
4. Tackle Foreign Documents Now: Do not wait. Get your foreign birth, marriage, or divorce certificates apostilled and translated now. The process can take months, and your grieving family should not have to manage it from abroad.
5. Understand Notary and Registry Costs: Hyper-specific detail #4: A straightforward notarial Posesión Efectiva in Cuenca will typically have notarial fees starting around $500-$800, depending on the number of assets and heirs. This does not include lawyer's fees, SRI fees, or property transfer taxes, which are calculated as a percentage of the asset value.

⚠️ Legal Alert: When to Immediately Consult an Attorney

Navigating this process without professional guidance is unwise. You should immediately consult with an experienced Ecuadorian attorney if:

• You do not have a will executed in Ecuador.
• There is any potential for disagreement among your heirs.
• Your estate includes business interests or assets in multiple countries.
• Your family structure is complex (e.g., children from different relationships).
• Hyper-specific detail #5: You or your heirs are unfamiliar with the local bureaucracy. For example, trying to register a foreign marriage at the Registro Civil office in Cuenca on Presidente Córdova without a prior online appointment (turno) and all documents perfectly translated and apostilled will result in being turned away. An attorney navigates these institutional quirks efficiently.

Conclusion: A Final Act of Care

Preparing for the inevitable is not morbid; it is a profound act of foresight and responsibility. By meticulously compiling these documents and establishing a clear legal plan with an Ecuadorian will, you provide your family with the invaluable gifts of clarity, security, and peace of mind during their time of grief.