Q: What is the correct jurisdiction for a probate case with a house that is located in Puerto Rico?
I have my stepdad will which was created in 1994. He resided in Florida at that time. He passed away in 2007 in Puerto Rico. He did not have any children on his own. He was married to my mom and she also passed away in 2012. The asset in question is a house located in Puerto Rico. I was told by the state of Florida that they don't have any jurisdiction since my stepdad passed away in Puerto Rico and the house in question is located in Puerto Rico. My mom lived in the house for several years after my dad passed away. I am trying to sell the house. I was appointed as the personal representative in the will. I was told by a lawyer in Puerto Rico that I needed to start the probate procedure in Florida. There are no other assets in question. However, my stepdad also has living siblings which I know will need to be addressed.
A:
Puerto Rico courts have jurisdiction, since your dad left an estate in Puerto Rico. The same holds true for your mom's estate, assuming that the real estate property you write off was jointly acquired by both of your parents. Your dad's will, if you have the original, may be eligible to be protocolized in a deed poll by a Puerto Rico Notary, and filed with the Testament & Wills Registry of the Office of Notary Inspections in Puerto Rico. Should that be the case, and procuring your dad's death certificate from the Demographics Registry, the next step would be to present an estate tax filing with the Puerto Rico Treasury, then file the hereditary rights of your dad's heirs with the Property Registry.
If, for some reason, your dad's will cannot be protocolized, then you would need to petition a Declaration of Heirs before the Puerto Rico courts. Once the court has issued its resolution, you would proceed with estate tax filing with the Puerto Rico Treasury, then file the hereditary rights of your dad's heirs with the Property Registry.
If the real estate was jointly owned by your parents, you would need to consider for your late mom what I've stated herein.
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