Estate Law

Evaluation

• Form: Complete the information at the bottom of this page to evaluate your case.

Description

• An inheritance is the transfer of rights and obligations of a deceased person.
• It is important to start the process as soon as possible to avoid additional paperwork and costs.

Initial Steps

1. Death Certificate: Can be arranged by us if the death occurred in Puerto Rico.
2. Verification of Will: The attorney verifies the existence of a will in the Register of Wills.
3. If there is no Will, a Negative Certification of Will is issued.

No Will

• Declaration of Heirs: It is requested to the court, including the heirs according to the law. The birth certificates of the heirs must be presented, but only in the new format that began in July 2020 (blue color).
• New Civil Code 2020: Affects the distribution of inheritance, adding the surviving spouse as an heir.

With Will

• Distribution: It is made according to the will, as long as it is valid according to the laws of Puerto Rico.

Treasury Department

• Inheritance Estate Form (Form of Inheritance): Mandatory if there is real estate or valuable personal property.
• The Form is not necessary if there is only one bank account with a value of less than $15,000.
• At the end, the Department issues a "Waiver de Hacienda" so that the heirs can receive the assets.

Repudiation or Renunciation

• Option: An heir may repudiate or renounce his or her share.

Transfer of Properties

• Land Registry: The title of the property is registered in the name of the heirs. Any subsequent sale and purchase requires the preparation of a deed.
• Municipal Revenue Collection Center (CRIM): The change of ownership is made to avoid accumulation of taxes and penalties.

Bank Accounts

• Financial institutions freeze accounts upon learning of the death of the account holder.
• A limited percentage may be withdrawn to cover funeral expenses.
• Unclaimed funds may be turned over to the Office of the Commissioner of Financial Institutions (OCIF), or other similar entities, depending on the type of account.

Costs

• Prices: Vary according to the sale price and the steps to be taken by the lawyer. We charge on a flat fee basis, not by the hour. Clients know the total cost in advance.

Online Procedures

• We work all the preparation through e-mail.
• Customers outside Puerto Rico avoid travel and lodging expenses.
• Representation: If necessary, a Power of Attorney can be prepared.

Conclusion

• Recommendation: The transfer of inheritance is not automatic. As it is a complex matter, the assistance of a specialized lawyer is recommended.
• Full Service: we take care of the whole process.
• Quick Start: It is important to start as soon as possible to minimize expenses, taxes and protect your rights.
• Questions: For an evaluation, please fill out the form below or, if necessary, the contact form.