Gurnee, IL asked in Real Estate Law and Probate for Puerto Rico

Q: What is process to inherit and change ownership of plot of land in Cidra, Puerto Rico, to 6 surviving siblings.

Both parents are deceased. The property is land only. A neighbor has built a structure - part of a house on a corner of the property. Siblings have paid back 14 years of back taxes 2 years ago when last parent died. Taxes continue to be paid and are up to date. How do we proceed to inherit the property and sell it. Siblings all live in various US states.

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

A: The probate process in Puerto Rico begins by procuring the death certificates of bith parents. Did they die in Puerto Rico or abroad? If the latter, you'll need to provide these. With the death certificates on hand, requests are made to the Office of Notary Inspections to determine whether both or either parent left a Will before dying; and whether a declaration of heirs was issued by a notary in Puerto Rico. For either case where no Will was subscribed, a petition for declaration of heirs is submitted bedore the court in the city/town where the real estate property is located. Each of the siblings must provide an original birth certificate, since these will be submitted to the court with each petition.

While this is being done, tax certifications from the Puerto Rico Treasury Department (Hacienda) and CRIM are procured.

For each declaration of heirs issued by the court, an estate tax filing is prepared and submitted to Hacienda. Once Hacienda issues a tax waiver, this and a copy of the declaration of heirs resolution is then filed with the Property Registry, to change ownership from each of the deceased parents to their heirs. Finally, a similar change of ownership request is submitted to CRIM.

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