What is the Declaration of Heirs?
The Declaration of Heirs is a court order that determines who the heirs are of a person who died without leaving a will. The deceased person is legally referred to as the decedent.
Important: If the deceased left a valid will, a Declaration of Heirs is usually not required.
Your first step in applying for a Declaration of Heirs
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.
⚠️ Scope and Limitations of the Service
We do not handle disputes among heirs, will contests, or other contentious cases.
In general, we also do not accept estate cases involving a large number of heirs or multiple decedents. Cases in which the decedent died more than 20 years ago are evaluated on a case-by-case basis, depending on the available documents, the assets involved, and any pending matters.
We handle non-contentious probate matters, including probate proceedings with or without a will, Declaration of Heirs, Inheritance Estate Form related procedures with the Property Registry, CRIM, and financial institutions, as applicable.
How to File a Declaration of Heirs Puerto Rico
At Abogado Notario Online, we coordinate the legal proceedings for 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 prepare the petition and the required documents.
We gather family information and prepare the petition, affidavits, and documents needed to establish who the potential heirs are. - 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 prepare and file the Inheritance Estate Form, if it is included in the service.
We report the decedent's assets to the Department of the Treasury and request the Waiver the corresponding certification, as applicable. - We coordinate matters related to the estate’s assets.
Depending on the agreed-upon scope, we can handle procedures with the Property Registry, CRIM, financial institutions, and other entities related to real estate, accounts, funds, or vehicles.
Order of Heirs in Puerto Rico
When a person dies without a will, the law determines who can 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 succession and the share of each heir on the family composition and the specific circumstances of the estate.
Common Documents Required
The documents may vary depending on the case, but they typically include:
- Death Certificate.
- Birth certificates for the children.
- Marriage certificate, if applicable.
- Divorce decree or certificate, if applicable.
- Information and documents regarding the potential heirs.
- Documents related to real estate, bank accounts, cooperatives, vehicles, or other assets.
Important: If you do not have the required certificates from the Puerto Rico Demographic Registry, don't worry. We can obtain them for you as part of the process, depending on the scope of the agreed-upon service.
For information on the documents and general requirements, please see our Inheritance Checklist Puerto Rico.
Processing time
The process may take approximately 3 months, depending on the complexity of the case, the availability of documents, and the response times of the court, agencies, registries, and institutions involved.
Frequently Asked Questions About the Declaration of Heirs
Get a free evaluation of your case
Fill out the Inheritance Evaluation Form receive an initial consultation at no cost.
After reviewing the information, we will let you know whether we can assist you, what documents are required, the scope of the service, and the fees before proceeding.
Inheritance Evaluation Form:
