Puerto Rico Option For the Sale and Purchase of Real Estate - General Form
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FAQ
In inheritances where there are no children, but either one or both parents of the deceased are alive, then the parents are forced heirs. If there is a will, the forced heirs are entitled, in equal proportions, to one-half of the Puerto Rico Estate (the "legitimate portion").
Because Puerto Rico is a commonwealth of the United States, there are no restrictions on Americans acquiring property on the island.
Get a Lawyer. This is good advice for any major financial transaction, but a lawyer can be invaluable when it comes to buying property in Puerto Rico. For one thing, the absence of a buyer's agent means there is one less person in your corner, and a lawyer can go a long way for that necessary protection.
To sell your home in Puerto Rico you will need a real estate attorney to help you draft all the documents needed to close. Then it is extremely important that your attorney continues the process to register the transaction with the Registry of Property in Puerto Rico.
Under Puerto Rico inheritance law, one-third of the inheritance is equally split between the forced heirs. Another third is doled out according to the wishes of the testator (the person leaving the inheritance), but this too goes to the heirs.
All expenses for the cancellation of any existing liens or mortgages, are to the seller, unless negotiated otherwise. Typically the notary fee will be . 50% to 1.0% of the sales price, or .
This means that if someone dies owning property in Puerto Rico, in order to transfer that property to another person, you must go to court to get the permission to transfer and register the property to the new person. This is what is commonly known in the U.S. as probating an estate.
To sell your home in Puerto Rico you will need a real estate attorney to help you draft all the documents needed to close. Then it is extremely important that your attorney continues the process to register the transaction with the Registry of Property in Puerto Rico.
Currently, there is a 10% tax on property transferred by gift or inheritance that is not subject to exemption. Recipients of property that is subject to gift or inheritance taxation may increase their tax basis by the fair market value of the property at the time of the transfer.