Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.
Puerto Rico Agreement Between Heirs as to Division of Estate
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For example, if someone dies without a valid will, the probate court sees that the deceased person's assets are distributed ing to the laws of the state. If someone dies with a valid will, the probate court is charged with ensuring the deceased person's assets are distributed ing to their wishes.
As of November 28, 2020, inheritances are distributed in two parts. 50% is of free disposition and the other half (legitimate) is divided equally among the forced heirs, which are the children and now include the widow or widower.
In the absence of a will (intestate estate), estate is distributed equally among forced heirs. The portion reserved for forced heirs in a will is reduced to 50%. In the absence of a will, estate is still distributed equally among forced heirs.
If no Puerto Rican will exists, then the court will issue a resolution declaring who are the heirs, commonly known as a "Declaratoria de Herederos". There is a possibility that an additional hearing may be needed before the judge can decide who are the heirs.
One important change is that the new civil code gives protection to the surviving spouse and gives him/her the right to remain in the family home for life. This modification implies that the widow or widower can decide to stay in the house, instead of receiving 50% of the inheritance that corresponds to him or her.