Inheritance Law

How does inheritance work in Puerto Rico?

Who inherits property in Puerto Rico?

What if one of my parents dies without a will?

Inheritance Law is the process by which ownership of the assets (and in some instances debts) of a deceased person is transferred to that person’s family, friends, and loved ones. The people who outlive the person who died are often referred to as “survivors,” and if they are to receive anything under a will, they are often called “beneficiaries.”

For the most part, it is up to the individual to decide who receives what by executing a Will. To be valid in Puerto Rico, the Will needs to follow the formal specifications of the law. Some Will executed in Puerto Rico can be validated through an Exequatur process in the courts of Puerto Rico.

But, it is very common (especially if someone dies young) to have no Will. When someone dies without a Will (a condition called “intestate”), a court must decide how to distribute the assets. In Puerto Rico this judicial process is known as Declaratoria de Herederos (Declaration of heirs). There might be a dispute about the terms or validity of a Will. In this case, the person contending the Will needs to file a Complaint (Demanda) in the Trial Court in Puerto Rico. After the litigation, the courts produces a Judgment or Sentencia that can be registered in the Property Register.

Inheritance Laws are those statutes and regulations affecting who is entitled to receive what from the estate of a deceased persomn. Puerto Rican Inheritance Law tends to prefer family members as recipients of an inheritance. Some relatives, such as spouses and children, have a right to claim an inheritance and can even do so despite the express terms of a Will.