March 15, 2024
In Puerto Rico inheritance is codified by the Puerto Rico Civil Code of 2020. However, if the person died before November 28, 2020, their inheritance is ruled by the Puerto Rico Civil Code of 1930. The date of death is important for several reasons but, mainly, because the two codes have very different rules on how to manage estates. However, for the purpose of this article, we will focus on the Code of 2020.
According to the current Code, when someone dies without a will, there is an order that must be followed to determine who the rightful heirs. The order is as follows:
- Descendants & Surviving Spouse
- Ascendants
- Siblings & Nephews
- Other Family Members
- Commonwealth of Puerto Rico
When there is no will, the list stops with the last surviving heirs. For example, if the children and spouse of the deceased are alive, the line stops with them and they are the sole heirs. If there are no descendants or spouse, then the heirs would be the deceased’s parents and so on.
To prove the right to inherit, the heir must petition the Court to issue a Resolution in their favor. After reviewing all submitted documents, the Court may approve or deny the petition, or it may request additional information. This is only the first step of the inheritance process in Puerto Rico.
With the Court’s Resolution, you may now request information from financial institutions and government agencies regarding the whereabouts or status of the deceased’s assets. With a complete list of the assets, the heir must now file a tax document with the Puerto Rico Internal Revenue Service. The tax document must detail all the deceased’s assets located in or outside of Puerto Rico. If the deceased was not a Puerto Rico resident at the time of death, this tax document will still need to be filed if there are real estate assets located in Puerto Rico.
Not all estates must pay taxes, but all estates must file the tax document. The reason is so the local IRS can determine if there are applicable taxes – some assets are tax-exempt. If taxes are owed, these must be paid on order to transfer titles legally.
If there are real estate assets, the heir must also file a document at the Title Registry to register their ownership. The document will notify the Title Registry that the owner has died, that there is a real estate property under the deceased’s name, and that the property now belongs to the heir. Once this document has been accepted, the heir’s title over the real estate properties is enforceable before others.
Navigating the complexities of inheritance laws in Puerto Rico demands attention to detail and a comprehensive understanding of legal procedures. Whether you are grappling with estate matters or seeking clarity on your rights as an heir, we are here to guide you through every step of the process.
Do not let uncertainty stall the distribution of assets or leave you vulnerable to legal complications. Contact us today to ensure your inheritance journey is handled with expertise and efficiency.
