San Francisco, CA asked in Estate Planning and Probate for Puerto Rico

Q: My mom has told me she made a will and my sisters want to make a declaration of heirs. How, where I find my mom's will?

Related Topics:
1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • Probate Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: I'm assuming that the will was granted in Puerto Rico. If that's the case, the Puerto Rico Notary Law demands that an attorney-notary who has authorized a will must notify a certified copy of said will with the Office of Notary Inspection's Registry of Wills. If your sisters wish to proceed with a declaration of heirs, what will happen is that, in the course of preparing a petition, the attorney must request a certification from ODIN regarding whether or not your late mom left a Will, the authorizing notary's name, the Will's deed poll sequence number (número de escritura) and the date on which the Will was granted. Once it has been established that your mom left a Will, the courts will not accept a Declaration of Heirs case unless the Will is to be challenged in court.

To answer your question, you must request a Will certification from the Office of Notary Inspection's Registry of Wills. This is located on the third floor of the Hato Rey Court House, in San Juan, Puerto Rico. The request cancels a $5.00 Puerto Rico Treasury stamp ("sello de Rentas Internas"). You should include a self-addressed stamped envelope so that ODIN mails the certification by mail; or you can arrange for physical pick up of the certification when you leave the request.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.