Declaration of Heirs

What is the Declaration of Heirs?

The Declaration of Heirs is a legal procedure necessary when a person dies without leaving a will. In this case, a Declaration of Heirs is requested to the court to determine who are the legal heirs according to the law. This process is essential for the equitable distribution of the estate among the beneficiaries.

The order of inheritance in Puerto Rico is as follows: descendants (children), ascendants (parents), surviving spouse, preferred collaterals (siblings and nieces and nephews), ordinary collaterals (aunts, uncles and cousins) and last, if there is no one, the government. However, if the person died after the effective date of the new Civil Code of 2020, that is, as of November 28, 2020, then the widow or widower will inherit jointly with the children.

What are some of the necessary documents?

To initiate this process, it is necessary to obtain a Negative Certification of Will, which confirms the absence of a will of the deceased. In addition, it is necessary to present the Death Certificate of the deceased and the Birth Certificates of the children, as well as the Marriage Certificate if the deceased was legally married.

In case of divorce, a certified copy of the divorce decree or a Certificate of Divorce issued by the Demographic Registry if the divorce took place in Puerto Rico is required. Once the application is filed, the court will evaluate the documentation and issue an official Resolution that will determine who the legal heirs are.

How long does the process take?

The estimated time to complete this process is 2 to 3 months, depending on obtaining the required documents.

What to do next?

Subsequently, it may be necessary to prepare an Inheritance Form (also known as an "Inheritance Estate Form") if the deceased left property. In addition, if the deceased left a house, apartment, building or farm, the transfer will have to be made at the Property Registry. In such a case, the corresponding change of ownership would also have to be made at the CRIM. For a more complete summary of everything that needs to be done, you can visit our page on transfer of inheritance.

Why do I need a lawyer for this procedure?

It is important to have the assistance of a lawyer specialized in inheritance law to ensure that the process is carried out correctly and efficiently. Mistakes in this type of procedure can result in additional complications and delays, so it is advisable to leave it in the hands of professionals.

Conclusion

At Abogado Notario Online we are committed to manage all the necessary documents for the Declaration of Heirs, allowing you to carry out the process from the comfort of your home. To obtain a personalized estimate, we invite you to complete the form below.

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