Declaration of Heirs

What is a " Declaration of Heirs"?

The Declaration of Heirs is the legal process by which the heirs of a person who died without a will are officially determined.

It may be necessary for subsequent procedures related to:

  • real estate;
  • bank accounts or credit unions;
  • vehicles;
  • funds, investments, and other assets;
  • procedures with the tax authorities, the Land Registry, CRIM, and other agencies.
Important: If the deceased left a valid will, a probate proceeding ( Declaration of Heirs) is generally not required. The estate must be settled in accordance with the will and the applicable procedures.

📌 Before requesting an evaluation

Please read all the guidance on this page first. Complete the Assessment Form only if your case meets the specified criteria and you have the necessary information and documentation.

🏠 If the inheritance includes real estate:
We need a copy of the deed, a title search, or documentation from the Land Registry. A document from the CRIM alone is not sufficient.

⚠️ Cases We Do Not Handle

  • disputes among heirs, objections, or other legal disputes;
  • will contests;
  • cases involving a large number of heirs;
  • cases involving multiple fatalities;
  • Estates of people who died more than 20 years ago.

If your case falls into any of these categories, do not complete the Assessment Form. If you do not yet have the necessary information and documentation, please gather them before completing the form.


How to File a Declaration of Heirs Puerto Rico

We Abogado Notario Online we handle non-contentious declarations of heirs and coordinate the legal proceedings according to the circumstances of each case.

  1. We check to see if there is a will.
    If there is no valid will, we can begin the process at Declaration of Heirs.
  2. We identify potential heirs.
    We review the family structure and the available documents.
  3. We prepared the petition and an affidavit.
    We prepared the documents and evidence needed to present the case.
  4. We filed the petition with the court.
    We filed the case and are following up on any requirements that may arise.
  5. We obtain the court order.
    Once approved, we coordinate the issuance of the order that officially identifies the heirs.
  6. We can coordinate the subsequent probate proceedings.
    Depending on the service agreed upon, we can handle procedures with the tax authorities, the Land Registry, CRIM, financial institutions, and other entities.

📌 The Declaration does not automatically transfer the assets

The Declaration officially identifies the heirs. Additional procedures may then be necessary to transfer real estate, bank accounts, vehicles, or other assets included in the estate.


Order of Heirs in Puerto Rico

When a person dies without a will, the law determines who is entitled to inherit. Generally speaking, this may include:

  1. descendants—such as children—and a spouse;
  2. ascendants—such as parents—;
  3. brothers and nephews;
  4. other relatives designated by law;
  5. the Government of Puerto Rico, when there are no other heirs.
Note: Who inherits and the share to which each person is entitled depend on the family composition and the specific circumstances of each case.

📄 Information and documents you should have on hand

  • death certificate;
  • information about potential heirs;
  • children's birth certificates;
  • marriage certificate, if applicable;
  • divorce decree or certificate, if applicable;
  • death certificates for deceased family members, when applicable;
  • if the estate includes real property, a copy of the deed, a title search, or documentation from the Land Registry;
  • any other available documents related to the estate.

You don't need to have all your certificates from the Demographic Registry yet. If you need birth, marriage, or death certificates from Puerto Rico, we can obtain them for you.

To find out what information and documents you need to gather, see our Inheritance Checklist in Puerto Rico.


Why hire Abogado Notario Online to handle your Declaration of Heirs?

  • Comprehensive Management — We prepare, file, and follow up on the legal proceedings.
  • Online Service — We can handle the process from anywhere, without the need to travel.
  • Efficient coordination — We can also handle other estate-related matters.
  • Greater clarity — We'll let you know which documents and procedures apply to your case.

⏱️ Processing time

The process may take 2–3 months, depending on the family composition, the available documents, the court's requirements, and other circumstances of the case.


💰 Costs and Fees

We charge a flat fee, which is determined based on the scope of the case and the necessary steps involved.

After reviewing the Evaluation Form, we will notify you in writing:

  • the total cost;
  • the procedures included;
  • the necessary documents;
  • the next steps.

Frequently Asked Questions About the Declaration of Heirs

1) When is a Declaration of Heirs required?

It is generally required when a person dies without a will and it is necessary to officially identify their heirs in order to carry out procedures related to the inheritance.

2) Is a declaration required if there is a will?

Generally, no. When there is a valid will, the estate is settled in accordance with that document and the applicable procedures.

3) Who can apply for the Declaration of Heirs?

A person with a legitimate interest in the estate, such as a potential heir, may file the petition. The court will review the petition and the evidence submitted.

4) Do all the heirs have to agree?

We handle only non-contentious cases. If there is a dispute, objection, or disagreement among the potential heirs that requires litigation, our firm will not be able to represent you.

5) Does the Declaration automatically transfer the assets?

No. The Declaration officially identifies the heirs, but further steps may be required with the Tax Authority, the Land Registry, CRIM, financial institutions, or CESCO/DTOP.

6) Can I fill out the form if there is a property but I don't have the deed?

Not yet. If the inheritance includes real estate, we need a copy of the deed, a title search, or documentation from the Land Registry. A document from the CRIM alone is not sufficient.

7) Can I apply for it if I live outside of Puerto Rico?

Yes. We can handle the process online even if the heirs live in the United States or another country, without them having to travel to Puerto Rico.

8) How long does it take and how much does a Declaration of Heirs cost?

The process may take 2–3 months. The cost depends on your family composition, the documents you have available, and the services included. After reviewing your case, we will inform you in writing of the cost and scope of the service.


Inheritance Assessment Form

⚠️ Before filling out the form

First, read all the guidance available on this page and gather the necessary information and documentation.

Only if, after reading this page, you understand that your case meets the specified criteria and you have the necessary information and documentation to evaluate it, should you complete the Inheritance Evaluation Form.

⏰ Responses via email only: 3–5 business days.

Estate Assessment Form:

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⏳ Time required: 10 minutes.

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