Probate Law

Probate Law in Puerto Rico:

Probate law in Puerto Rico is very different from that in other states. Primarily, Puerto Rico follows the civil law system commonly used in Spain and other Latin American countries. This system is very different than the system widely used in the United States, which is based on English law, also known as the Common Law system. Because Spanish law is such a significant influence, the probate process and inheritance laws in Puerto Rico are almost foreign to people who don’t understand the system, usually from the continental United States. The major of statutory law comes from the Civil Code of Puerto Rico. The Code contains the rules that must be applied in inheritance and probate cases that require court intervention. We commonly referred to probate cases as cases involving the court in some ways, such as when the court needs to identify who the heirs are, which is known in Puerto Rico as the Declaration of Heirs, or when the court intervenes to divide or distribute an estate because no last will or testament was found or if there was a will it might not be valid or is contested.

Inheritance cases usually involve a decedent, “causante,” who has passed away. The person who dies leaves their estate behind, and the heirs want to settle the estate, distribute the assets, and pay off liabilities. Frequently, a good part of the work can be done outside of court. Sometimes, some assets are undistributed or divided, and the heirs need assistance in administering and managing these assets while a distribution as possible.

Our law firm handles both Probate and Inheritance Law cases. Our Puerto Rico Probate lawyers have vast experience in dealing with complex inheritance and probate matters in Puerto Rico. Complex cases sometimes deal with properties that have title or ownership issues. In other cases, there are multiple heirs or issues among heirs. Sometimes, the case is complex because assets are located in various jurisdictions, such as Puerto Rico, Florida, or New York. These complex matters require ample knowledge of the law and experience in multiple jurisdictions because they require paying attention to the rules in place for complex matters in Puerto Rico and other states. Our Puerto Rico Probate lawyers have been dealing with this type of case for many years, and we have attorneys licensed in multiple states who have a different overview and knowledge base than attorneys practicing only in Puerto Rico.

One of the first things we look for is whether a will or last will and testament exists in Puerto Rico or elsewhere. Many times, several wills need to be evaluated to see if one overrides the other. A situation in this type of scenario is when a will is drafted in one state and another drafted in Puerto Rico. Which controls and what does it control? These complex issues need to be evaluated both from the Puerto Rico perspective and also from the state in which the will was drafted. Suppose the will was drafted in New York, Puerto Rico, Massachusetts, Connecticut, Texas, Florida, or California. In that case, we can review it, given that we have attorneys who are licensed in these jurisdictions. You might be able to save by not having to hire a second lawyer to handle or evaluate the case in both places. If the formalities of a will are not followed correctly, the will may be invalid or can be contested. This is a litigious process where the will is examined, and proof and evidence are submitted to establish the validity or non-validity of the document.

Our Puerto Rico Probate lawyers also handle cases where we need to assist the executors of a will, known in Puerto Rico as an “albacea,” in managing and distributing the estate to close it. We also assist heirs in administering an estate in which there is no will. This often means we must contact different heirs and request statements from banks and other institutions that might hold or have information regarding assets or liabilities. We also deal with different Puerto Rican governmental agencies to fulfill the requirements for settling an inheritance estate in Puerto Rico. We assist our clients in this work so they don’t feel alone dealing with the bureaucratic requirements to distribute and close an inheritance estate properly.

The different agencies that are involved in a majority of Inheritance cases are the “CRIM,” “Centro de Recaudaciones de Impuestos Municipales,” which deals with property taxes at the municipal level; the Property Registry known in Puerto Rico as “el Registro de la Propiedad,” which is a quasi-judicial agency that controls the issues involving real estate property, such as issues of ownership involving the title, lost deeds or “escrituras,” as known in Puerto Rico, and transferring property from one owner to another or from the decedent to their heirs. Another critical agency in Puerto Rico for the Probate process is the Puerto Rico Department of Treasury, the taxing authority known in Puerto Rico as “Hacienda.” Although our law firm does not offer tax advice, we work with the taxing authority to ensure we have all the paperwork required to close an estate. The taxing authority must issue specific certifications for this to happen. We work with independent Puerto Rican accountants to ensure that the proper paperwork is submitted to “Hacienda,” we follow up to ensure that the job is done right by the agency. In some instances, our law firm has to deal with the Demographic Registry, or “Registro Demográfico,” when dealing with different names of family members or trying to find out the family lineage of a decedent.

As stated, our Puerto Rico Probate lawyers aim to make this process as smooth as possible and to help our clients resolve their inheritance cases in a timely and cost-efficient way. Depending on the case, we support them by dealing with the court, filing Declaration of Heirs (“Declaratorias de Herederos”), assisting with administrating and distributing the estate, and identifying inheritance assets such as real estate property that might be part of the estate. We also help to determine whether a particular bank or institution holds funds that belong to the estate. Once identified, we help transfer and distribute the assets to close the estate.

Frequently, there are many heirs; some are even unknown or with whom the heirs have not had contact in many years. We also work with our clients to identify them, contact them, and bring them into the case, if necessary, to properly dispose of the case.

Additionally, some cases require outside independent professionals to assist, such as real estate sales professionals, realtors, appraisers, accountants, financial advisors, property managers, and others. We use our contacts and experience to assist our clients in identifying the right professionals for them.

Our goal is to assist our clients in resolving their Inheritance issues as economically and efficiently as possible. Puerto Rico is known as a place that takes a long time to settle cases, be it in court or with the different relevant Puerto Rico agencies. Our services are geared towards people busy with their work and their lives and cannot take several months off to deal with these issues locally and in person in Puerto Rico. Even if they did have the time, many things need to be solved in a probate or inheritance matter, which cannot be done without an attorney. For that matter, we are here to support our clients and to offer our services in the different areas they need. We use our experience, both in Puerto Rico and outside of Puerto Rico, as well as our team on the ground in Puerto Rico, to make our clients’ lives easier. 


Don’t go at it alone. Our Puerto Rico Probate lawyers are here to assist you in this process. Call us now for a consultation and to talk about the details of how to retain our office.