Hello, my name is Santiago Lampón. I am lawyer and notary in Puerto Rico and welcome to Puerto Rico Legal Video Blog.
In this episode, I am going to cover the Declaration of Heirs under Puerto Rico Law.
If you compare how we handle the declaration of heirs under Puerto Rico Law, the best comparison would be to the probate process in any state.
Now, in Puerto Rico you need a declaration of heirs when the person who passed away did not create a will valid under Puerto Rico Law.
The declaration of heirs is a petition done by one of the heirs within a court in Puerto Rico. It is filed under oath. It has certain documents required in order to minimize the possibility of fraud or of the exclusion of any heir; and once the full petition and all the annexed documents are reviewed by the court, the judge issues a resolution which clearly states who is the person who passed away, who are the heirs; and this resolution is the one that is used for later processes regarding the estate.
It is important that in this resolution, in the whole petition process, in the whole declaration of heirs petition process, there is no discussion about the assets or the liabilities. Nothing!
That is handled in the next step and eventually when the assets and the liability–they all go together–are going to be disposed of.
This is only step one in the process of declaration of heirs which is obtained in the court approval or the court manifestation of the who the heirs are.
There is another process that I am going to discuss in part 2 of this video.
Well, my name is Santiago Lampón. I am a lawyer and notary in Puerto Rico.
You are invited to ask me any question.
The email will appear on the screen. SLampon@LamponLaw.com
You can also give me a phone call or you can post your questions on this page. I thank you for watching remember you can recommend this post or this video or the website to your friends and I hope you have a great day.
I want to provide you with some additional information on what I originally posted on the video associated with this transcript.
A “resolution” could be compared to a “judgment” issued by a court of law after reviewing the documents provided by the petitioners. The official name is “resolution” and this is why this is the name I used in the video and in my documents. Nevertheless, I thought further clarification would be advantageous to you.
Another aspect I want to communicate is the impact of an intervention by a court of law.
Normally, when the word “court” is used, a lot of mix and negative feelings become activated. With regards to the declaration of heirs process, the fact that a court of law is involved does NOT mean that the process is complicated or lengthy.
The type of process we use is a “petition” which means that the document filed is complete and sufficient for the court to act upon the petition without becoming involved in the processes commonly associated with prolonged and expensive litigation.
I hope this additional information will result valuable to you. Please let me know if you have any questions on this or any other Puerto Rico legal subject.
My email is SLAMPON@LAMPONLAW.COM
Santiago F. Lampón