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.
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.
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.