Bronx, NY asked in Family Law, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico

Q: Does one need a signed affidavit from a lawyer to transfer name of ownership on a burial plot when owner has died?

My grandfather bought burial plots for him and my grandmother in the 80's in Puerto Rico. My grandfather passed away 2012 in Puerto Rico. My grandmother passed away two days ago in Puerto Rico. When I went to the cemetery in PR to make arrangements for my grandmother, I was told I need a signed affidavit form a lawyer to transfer the ownership from my grandfather's name to my grandmother's name even though she passed. This doesnt make sense. Is this true?

1 Lawyer Answer
Naomi Jusino
Naomi Jusino
Answered
  • Real Estate Law Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Yes, is true.

In Puerto Rico, when a person passes away, if he/she didn't made a Will, the heirs will need to make a Declaration of Heirs. As the process takes time, the cemetery will require an affidavit establishing who are heirs of the person and that they authorize the use of the burial plot.

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