First step
Please read the guidance available on this page first, and then complete the Inheritance Assessment Form.
To evaluate your case, we need basic information about the deceased, the potential heirs, and the assets in the estate. We will then explain the scope of our services, our fees, and the next steps.
What is the Declaration of Heirs?
The Declaration of Heirs is a court order that officially determines who the heirs are of a person who died without leaving a will. The deceased person is legally referred to as the “decedent.”
The Declaration may be necessary so that the heirs can subsequently carry out procedures related to:
- Real estate.
- Bank accounts or credit union accounts.
- Vehicles.
- Funds, investments, or other assets.
- Procedures with the Department of the Treasury, CRIM, and other agencies.
Important: If the deceased left a valid will, a Declaration of Heirs is generally not required. In that case, the estate is settled in accordance with the will and the applicable procedures.
⚠️ Scope and Limitations of the Service
We do not provide service for:
- disputes among heirs
- Objections to or challenges of a will
- other disputes or litigation
- Estates of people who died more than 20 years ago
In general, we also do not accept cases involving a large number of heirs or multiple deceased individuals.
How to File a Declaration of Heirs Puerto Rico
At Abogado Notario Online, we coordinate the legal proceedings for the Declaration of Heirs other probate-related procedures included in the agreed-upon service, depending on the circumstances of each case.
- We verify whether there is a will.
We confirm whether the deceased person left a will. If there is no valid will, we can begin the Declaration of Heirs process. - We identify the potential heirs.
We review the decedent’s family composition and the available documents to determine which individuals should be included in the petition. - We prepare the petition and the affidavits.
We prepare the court documents and the evidence necessary to establish the death, the family relationship, and other relevant circumstances. - We file the petition with the court.
We file the case and monitor the legal proceedings, including any additional requirements that may arise. - We handle the court order.
Once the court has reviewed the petition and the evidence, we coordinate the issuance of the order that officially identifies the heirs. - We coordinate the follow-up procedures, if they are included in the service.
Depending on the agreed-upon scope of services, we can handle the Inheritance Estate Form the applicable procedures with the tax authorities, the Land Registry, CRIM, financial institutions, and other entities.
Important note: The Declaration officially identifies the heirs, but it does not automatically transfer the properties, bank accounts, vehicles, or other assets.
After obtaining it, other procedures must usually be completed in order to distribute or transfer the estate's assets.
Order of Heirs in Puerto Rico
When a person dies without a will, the law determines who is entitled to inherit. Generally speaking, the order of succession may include:
- Descendants—such as children—and a spouse.
- Ancestors—such as parents—.
- Brothers and nephews.
- Other relatives specified by law.
- The Government of Puerto Rico, when there are no heirs.
Note: The order of the heirs and the share to which each is entitled depend on the family composition and the specific circumstances of the estate.
Common Documents Required
The documents may vary depending on family composition and the circumstances of the case, but they typically include:
- Death Certificate.
- Birth certificates for the children.
- Marriage certificate, if applicable.
- Divorce decree or certificate, if applicable.
- Death certificates for deceased family members, if applicable.
- Information and identification documents for the potential heirs.
- Documents related to real estate, bank accounts, cooperatives, vehicles, or other assets.
Important: If you don't have all the documents yet, don't worry. We'll let you know which ones are required. If you don't have the required certificates from the Puerto Rico Demographic Registry, we can obtain them for you.
For information on the documents and general requirements, please see our Inheritance Checklist Puerto Rico.
Why Hire Legal Counsel for a Declaration of Heirs?
- ✅ Correct identification of the heirs — We review the family composition and the documents before filing the case.
- ✅ Preparation of court documents — We prepare the petition, affidavits, and other necessary documents.
- ✅ Court proceedings — We handle any issues that may arise during the proceedings.
- ✅ Fewer errors and delays — A professional review helps prevent omissions that could delay resolution.
- ✅ Coordination of follow-up procedures — We can handle other estate-related matters, depending on the scope agreed upon.
- ✅ Online Service — We can process the application even if the heirs reside outside of Puerto Rico, provided the required documents and signatures are submitted.
Key benefit: Coordinated management with an attorney helps prevent errors in identifying the heirs and facilitates subsequent procedures with the tax authorities, the Land Registry, CRIM, and financial institutions.
Processing time
The process for obtaining a Declaration of Heirs take approximately 2–3 months, depending on the family composition, the availability of documents, and other circumstances of the case.
Costs and Fees for the Declaration of Heirs
We work on a flat-fee basis, determined according to the scope of the case and the services included.
The cost is determined after reviewing the Inheritance Assessment Form, as it may vary depending on the family composition, the number of heirs, the available documents, and whether additional probate proceedings are requested.
Before we begin, we will inform you in writing:
- service fees
- the procedures included
- the required documents
- the next steps
Frequently Asked Questions About the Declaration of Heirs
Estate Assessment Form:
