Testament

⚠️ Limited service

What is a will?

A will is a legal document in which a person, known as the testator, specifies how they wish their assets to be distributed after their death, within the limits established by law.

You may also appoint a person to help carry out your instructions—known as an executor—and include other provisions permitted by law.

Main benefit: A will allows you to set forth your wishes in writing and, in general, prevents your family from having to file a Declaration of Heirs to determine who the heirs are.

Limited Scope of Our Service

We do not offer comprehensive estate planning services, nor do we set up trusts. Our services are limited to drafting simple wills in certain cases, following an evaluation.

We do not accept all cases. If you need a trust, tax planning, asset protection, a plan to transfer a business, to manage assets outside of Puerto Rico, or to include complex instructions, you should consult an attorney who specializes in those areas.

Your first step: Read this guide

Before filling out the Evaluation Form, please read this entire page. Here we explain what services we offer, what cases we do not accept, the types of wills we prepare, the main rules, and the process.

  1. Please read all the information on this page.
  2. Determine whether you need an open will and whether your situation appears to fall within the scope of our services.
  3. If, after reading this, you feel that we can assist you, please fill out the Assessment Form at the end of this page.
In-person signature: The testator must appear in person before the notary public to review and sign the will.

Types of Wills in Puerto Rico

The law recognizes several types of wills. We Abogado Notario Online we prepare only open wills.

Open Will ✅

  • It is granted by means of a notarized deed executed before a notary public.
  • This is the program we offer at Abogado Notario Online.
  • It allows the testator to receive legal guidance and to draft a clearly worded will.
  • It generally does not require witnesses, unless the testator or the notary requests them, or unless specific circumstances require it.
  • It may be amended or revoked as long as the testator retains the necessary capacity.

Holographic will

  • 🚫 We do not prepare this type of will.
  • It must be written, dated, and signed by the testator himself.
  • After a person's death, the will must go through a legal process to verify its authenticity and make it a public document before it can take effect.
  • Failure to strictly comply with legal formalities may result in expenses, delays, or disputes.

Special Wills

  • 🚫 We do not prepare this type of will.
  • The law provides for special wills in cases of imminent danger of death or during a declared epidemic.
  • A will made in the face of imminent death requires three witnesses who are of legal age.
  • These are exceptional cases subject to special terms and procedures.
Our service: We prepare only open wills by means of a notarized deed drawn up by a notary public.

To whom can you leave your assets?

The law may set aside a portion of the estate for certain family members, known as statutory heirs. The distribution depends on the composition of your family.

  • Descendants: children, grandchildren, or other descendants, as applicable.
  • Spouse: The testator's husband or wife may also be entitled to a statutory share.
  • Ascendants: If there are no descendants or a spouse, the parents or other ascendants may have inheritance rights.
  • Other individuals or entities: They may receive assets from the portion that the law permits to be distributed freely.
Portion reserved by law: When there are statutory heirs, the testator may generally distribute half of his or her assets as he or she sees fit. The other half goes to the statutory heirs, in accordance with the applicable rules.

To disinherit a statutory heir, there must be a legally recognized ground for disinheritance. It is not sufficient simply to state that you do not wish to leave property to that person.


Make a list of your assets and debts

Before drafting a will, it is a good idea to make a list of your major assets and debts, including:

  • Real estate.
  • Bank accounts and credit unions.
  • Investments, stocks, and business interests.
  • Vehicles and other valuable property.
  • Life insurance policies and accounts with designated beneficiaries.
  • Mortgages, loans, and other debts.
Important: Not all assets are transferred through a will. Some accounts, insurance policies, or other assets may have designated beneficiaries, multiple account holders, or special rules.

Executor or administrator

The executor is the person named in the will to help carry out its instructions.

Depending on the duties assigned to him or her, the executor can help manage the estate, pay certain obligations, coordinate administrative procedures, and facilitate the distribution of the estate.

It is not always necessary to appoint an executor. This depends on the assets, the heirs, and the instructions in the will.


How to Draft a Will in Puerto Rico

For the cases we accept, Abogado Notario Online we prepare and authenticate the open will using the following process:

  1. We review your information.
    We review your family, your assets, and what you hope to achieve with your will.
  2. We identify the heirs entitled to a statutory share.
    We determine who is entitled to a share reserved by law and which portion can be distributed freely.
  3. We explain the options you can include.
    As part of our service, we explain options such as bequests, substitute heirs, or the appointment of an executor.
  4. We prepare the will.
    We draft the will based on the information provided and the instructions approved by the testator.
  5. We coordinate the in-person signing.
    The testator appears in person before the notary public to review and sign the deed.
  6. We provide a certified copy.
    We also handle the required notifications and notarial procedures.

Documents and information we may request

The requirements vary by case, but we typically ask for:

  • Valid photo ID of the testator.
  • Full name, marital status, and personal information of the testator.
  • Information about your spouse, children, descendants, and parents, as applicable.
  • Names and information regarding the individuals or entities that will receive the assets.
  • A general list of assets and liabilities.
  • Deeds or property records for real estate.
  • Information about the executor or the alternates you wish to appoint.
  • Any documents related to special instructions that you wish to include.

Search for wills

This page is for people who want to draft their own will.

If you need to verify whether a deceased person made a will in Puerto Rico, visit our Will Search page.


Benefits of Drafting Your Will with Us

  • Preliminary Review — We review your information before accepting the case.
  • Clear wording — We draft the will in accordance with the law and the instructions you have approved.
  • Notary Services — We prepare the deed, coordinate the signing, and handle the required notary procedures.
  • Confidentiality — We handle your information and your last will and testament confidentially.

Costs and Fees for Wills in Puerto Rico

We work on a flat-fee basis. The cost depends on the work involved in drafting the will.

To determine the cost, we take into account the family composition, the assets, the beneficiaries, and the instructions to be included.

Transparency: Before we begin, we'll provide you with a written estimate of the cost and what the service includes.

Frequently Asked Questions About Wills in Puerto Rico

1) What kind of will do you prepare?

We prepare only open wills by way of a notarized deed drawn up before a notary public, and only in cases that we accept after reviewing them.

2) Do you offer estate planning services or set up trusts?

No. Our service is limited to preparing simple wills in certain cases, following an evaluation. We do not offer comprehensive estate planning, tax planning, or wealth management, nor do we set up trusts.

3) Does an open will require witnesses?

Generally, no. Witnesses may be present if requested by the testator or the notary, or if there is a legal reason requiring their presence.

4) Do I have to leave my assets to my children or my spouse?

When there are statutory heirs, the law reserves a portion of the estate for them. Generally, the testator may freely distribute the other half. The exact distribution depends on the family composition.

5) Can I leave property to someone who isn't a family member?

Yes. You can leave assets to other people or entities using the portion that the law allows you to distribute freely. You must respect the portion reserved for the statutory heirs.

6) Can I change or revoke my will?

Yes. As long as you have the necessary legal capacity, you can amend or replace it with a new will.

7) Can I draw up my will entirely online?

Not entirely. The evaluation and preparation can be done online, but the testator must appear in person before the notary public to review and sign the will.

8) Is it mandatory to appoint an executor?

Not always. It can be useful when there are multiple assets, multiple heirs, or instructions that require coordination. It depends on each individual case.

9) How much does it cost to draw up a will?

The cost depends on the family, the assets, the beneficiaries, and the instructions to be included. After evaluating the case, we will inform you in writing of the cost and what the service includes.


Have you read all the guidelines yet?

✅ Request an initial evaluation of your case.

If you believe you need an open will and that your case may qualify for our service, please complete the Will Evaluation Form.

WILL EVALUATION FORM:

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⏳ Time required: 10 minutes.

⚠️ For a free analysis and estimate, please respond in full.

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