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?

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • 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.

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