Testament

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What is a will?

A will is a legal document through which a person, known as the testator, disposes of all or part of their assets after their death and organizes their estate within the limits established by law.

It may also include other provisions, such as the appointment of an executor and certain non-financial instructions.

Main benefit: A well-drafted will allows you to clearly express your wishes and generally prevents family members from having to file for a Declaration of Heirs to determine who the heirs are.

Your first step in preparing a will

To evaluate your case, we need to know your family composition, your assets, and how you wish to distribute them. We will then inform you of the necessary documents, the process, and the fees.

Complete the Evaluation Form

In-person appearance: Unlike other services, the will must be signed and authorized in person before a notary public.

Types of Wills in Puerto Rico

The Civil Code recognizes ordinary wills and special wills. In 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 you to receive legal guidance and clearly articulate the testator's wishes.
  • 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

  • It must be written, dated, and signed by the testator himself.
  • Only a person who is at least 18 years old may grant it.
  • After a person's death, the document must be submitted for verification and registration before it can take effect.
  • Failure to strictly comply with legal formalities may result in expenses, delays, or disputes.

Special Wills

  • 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.
  • We do not prepare this type of will.
Our service: We focus on open wills, as they are documents prepared and notarized by a notary public, with prior legal guidance and formal documentation of the testator’s wishes.

To whom can you leave your assets?

The freedom to distribute assets depends on whether there are any persons protected by the right of legitimate inheritance.

  • Descendants: children, grandchildren, or other descendants, as applicable.
  • Surviving spouse: is entitled to a statutory share in the order established by law.
  • Ascendants: In the absence of descendants and a spouse, parents or other ascendants may be entitled to a statutory share of the estate.
  • Other individuals or entities: They may receive property from the freely disposable portion.
Legitimate share: When there are heirs entitled to a legitimate share, the testator may freely dispose of half of his or her estate. The other half is reserved for the heirs entitled to a legitimate share in accordance with the applicable order and rules.

To disinherit a statutory heir, a valid ground for disinheritance expressly recognized by law is required. It is not sufficient simply to state that you do not wish to leave assets to that person.


Inventory of Assets and Liabilities

Before drafting a will, it is advisable to identify the testator’s main assets and liabilities, 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 necessarily distributed through a will. Some assets may have designated beneficiaries, co-owners, or other specific rules that must be evaluated.

Executor or administrator

The executor is the person designated by the testator to carry out the provisions of the will and perform the duties expressly entrusted to him or her.

Depending on the terms of the will, the executor may be responsible for safeguarding and managing assets, paying certain obligations, coordinating probate proceedings, and facilitating the distribution of the estate.

Appointing an executor is not always necessary. Whether it is advisable depends on the assets, the number of heirs, and the anticipated complexity of the estate.


How to Draft a Will in Puerto Rico

At Abogado Notario Online, we coordinate the review, drafting, and execution of your simple will based on your family structure, your assets, and the provisions you wish to include.

  1. We evaluate the information provided.
    We review your family situation, your assets, and your main goals.
  2. We identify the statutory heirs.
    We determine the applicable legal restrictions and the portion of the estate that can be freely disposed of.
  3. We provide guidance on the available options.
    We explain how assets can be distributed and whether it is advisable to name alternates, legatees, or an executor.
  4. We prepare the will.
    We draft the deed based on the information provided and the testator's approved wishes.
  5. We coordinate the in-person signing.
    The testator appears in person before the notary public to review and execute the deed.
  6. We provide the certified copy and complete the notarial formalities.
    Once the will has been authorized, we provide the certified copy and handle the applicable notarial notifications and registrations.

General Documents and Information

Requirements may vary, but we usually need:

  • 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.
  • Overview 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 specific provisions that you wish to include.
Important: If you need any certificates from the Puerto Rico Vital Records Registry, we can arrange for them as part of the process.

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 hiring us as your lawyer

  • Personalized legal guidance — We assess your family, your assets, and your goals before drafting your documents.
  • Protection of statutory heirs — We identify the portions reserved by law and the portion that can be freely disposed of.
  • Clear wording — We strive to minimize ambiguities, omissions, and potential future disputes.
  • Substitution Planning — We can specify what happens if an heir before the testator or is unable to receive the inheritance.
  • Full coordination — We draft the deed, coordinate the signing, and handle the notary formalities.
  • Confidentiality — The evaluation and the testamentary wishes are handled privately.
Key benefit: A will prepared with legal guidance can simplify the probate process and reduce uncertainty regarding the testator's wishes.

Costs and Fees for Wills in Puerto Rico

We work on a flat-fee basis, determined according to the complexity of the will and the necessary provisions.

The cost depends, among other factors, on the family composition, the testator’s assets, the beneficiaries (whether individuals or entities), substitutions, bequests, the appointment of an executor, and any special provisions requested.

Transparency: Before we begin, we will provide you with a written breakdown of our fees, the scope of our services, and the required documents.

Frequently Asked Questions About Wills in Puerto Rico

1) What kind of will do you prepare?

We prepare only open wills by means of a notarized deed executed before a notary public.

2) Does an open will require witnesses?

Generally, no. Witnesses may be present if requested by the testator or the notary, or when specific circumstances require additional formalities.

3) 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. Under the current Civil Code, a testator with statutory heirs may freely dispose of half of their assets. The exact distribution must be determined based on the family composition.

4) Can I leave my assets to someone who isn't a family member?

Yes. You may bequeath assets to other individuals or entities from the freely disposable portion of your estate, provided you respect the statutory share of those protected by law.

5) Can I change or revoke my will?

Yes. A will is essentially revocable. As long as you retain the necessary capacity, you may amend it or replace it with a new will.

6) Can I draw up my will entirely online?

The evaluation, exchange of information, and preparation can be done remotely. However, the execution of the will requires the testator to appear in person before the notary public.

7) Is it mandatory to appoint an executor?

Not always. It may be advisable when there are several assets, multiple heirs, or instructions that require coordination. Whether it is necessary depends on the specific circumstances.

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

The cost depends on the family composition, assets, beneficiaries, and the provisions to be included. After reviewing your case, we will inform you in writing of the fees and the scope of the service.


Get a free evaluation of your case

✅ Prepare your will with clear legal guidance.

Fill out the Will Review Form to receive an initial consultation at no cost.

After reviewing the information, we will let you know if we can assist you, what documents are required, the process, the fees, and the next steps.

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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