Inheritance In Puerto Rico

[burt]

My father recently passed away and I understand that he did not leave will. Where can I get information, out side of contacting family members, in regard to his assets? Will his estate go to probate court? Do I have to file a claim and if so, how do I do so? Thank you, in advance for your assistance. I appreciate any information that you can provide.

[Burty]

Dear Viana,

I am not knowledgeable at all about the inheritance laws in Puerto Rico.  However, I took the liberty of forwarding your email to several of my lawyer friends and here is one of the responses.  

Hope this is helpful for you to get started.

Hello

I'm not much an expert on this but first this person needs to make is a phone call to the Registro de Poderes y Testamentos to make sure that the father didn't make a will. If he didn't then this person needs to get an attorney to file in the court where father lived a declaratoria de herederos if one hasn't been filed already by the  other herederos forzosos in order to dispose of his estate. If one has been filed already it will be in on Tele-Tribunales site under Sucesion(name of father). Like I've stated am not an attorney expert on estates and wills, however I can recommend one.  Colleagues correct me if wrong or if I have missed anyhthing. Alma

Here is more information from another Puerto Rican lawyer:

Q.                Will his estate go to probate court?                   Do I have to file a claim and if so, how do I do so?

A.               Puerto Rico is a forced heir jurisdiction.                   This means that certain descendants are entitled to receive a fixed portion of the estate, based on the following rule: children are forced heirs of their parents over grandchildren; in the absence of children, then grandchildren are forced heirs of the estate, in proportion to whatever amount the deceased child was entitled.                  CAVEAT: Unlike Common Law jurisdictions or those that follow the German Tradition, heirs in Puerto Rico do not only inherit assets and rights, but also obligations(i.e., liabilities: debts).  Therefore, it is important that possible heirs be very careful not to act in any way that may lead the Court to conclude that the inheritance has been accepted.               This means, in simplest terms, that you should not pay off any outstanding claims or debts of the deceased because in so doing, you are accepting the inheritance and therefore any and all liabilities(i.e, debts) in excess of the assets.  This includes burying the deceased and paying funeral costs with money from the deceased.                One way around this is to accept the inheritance subject to an inventory of the assets that in Spanish HAS TO READ "A beneficio de inventario."  Furthermore, it would be wiser yet to state through competent legal counsel that you are "deliberating"  the acceptance of the inheritance "A Beneficio de Inventario" which removes you one step further from the actual announcement of intention to accept.  This gives you some additional time(NOT MUCH) to determine whether it is worthy to become an heir or not.             FURTHERMORE, if you accept "A Beneficio de Inventario" or announce your intention to "deliberar" the acceptance "a beneficio de inventario" you ONLY HAVE TEN(10) DAYS TO INITIATE THE INVENTORY PROCESS and the same must conclude within thirty(30) days unless you request an extension of time based on certain conditions such as the remoteness of real estate property or difficulties.             These extensions cannot go beyond one(1) year and failure to do things right will lead the court to declare you or the possible heir as the "Universal Heir" to the estate which can include liabilities in excess of assets.

Q.         Where can I get information, out side of contacting family members,             in regard to his assets?           TO FIND OUT ABOUT ASSETS you will have to review his documentation once you request the period for deliberation "A beneficio de inventario" which precisely is what you are asking about, i.e. to do a the inventory of his assets and liabilities.  You will have to review his pending or outstanding debts, his bank account books or CD's if any, his stocks and bonds, contact his bankers, ask if they have safe box with documents or personal items, et cetera.             Second, before you do this you need to hire an attorney to prepare a "Declaratoria de Herederos"  (declaration of heirs) before the Court. THERE IS NO PROBATE COURT IN PUERTO RICO.   State Courts will handle all these matters in coordination WITH YOUR ATTORNEY.  Also, once this "declaratoria" is obtained, there are several other steps that your attorney needs to do before the Treasury Department and then the Property Registry and before any other institution that holds the deceased's assets before you have access to the same.            ITEM, you also need to have the attorney do a "llamamiento de acreedores" or notice to creditors at some point before the request for doing the "A Beneficio de Inventario" inventory.         You need to obtain copy of your birth certificate and the death certificate of your relative for the declaration of heirs and inform your attorney that you want an inventory of the assets and liabilities of the estate.

BOTTOM LINE: You need to hire a competent attorney.

I hope this information might be useful.

Regards, Yadhira