Puerto Rico Affidavit of Heirship for House
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FAQ
Puerto Rico laws grant rights of forced heirship to the children of the deceased. In the absence of children, or other descendants of such children, then to the parents of the deceased. In the absence of children, grandchildren or other direct descendants, the parents are considered forced heirs.
What is an heir property owner? You are considered to be an heir property owner if you inherited your primary residence (also called a ?residence homestead?) by (1) will, (2) transfer on death deed, or (3) intestacy ? regardless of whether your ownership interest is recorded in the county's real property records.
An affidavit of heirship is a document used to give property to the heirs of a person who has died. It may be needed if the person did not have a will, or if the will was not approved within four years of their death.
Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so.
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.
All beneficiaries must agree to the terms of the sale, and the purchase must be made at fair market value.
If the deceased property owner had a Will stating who the property should be transferred to, the Will should be filed for Probate within 4 years of the date of death. The property may subsequently be transferred or sold by the Executor named in the Will ing to the wishes of the deceased owner.
Notary Law is very important because unlike many places in the U.S., Puerto Rico uses notary attorneys to execute all deeds that transfer property. All public documents, affidavit, and sworn statements must be drafted by and signed by a notary attorney.
