Declaration of Heirs (Declaratoria de Herederos) in Puerto Rico

When someone dies without a will, the law says who inherits. But banks, Hacienda, the Registro de la Propiedad (Property Registry) and buyers cannot guess who those people are. They need an official document that says so. That document is the declaratoria de herederos (declaration of heirs).

This guide explains when you need it, the two routes for obtaining it and which documents you should gather.

What the declaration of heirs is

It is a determination, made by a notary or by a court, that identifies the heirs of a person who has died. The causante is the person who died, whose estate it is. The sucesión is the group of his or her heirs.

The declaration does not divide the property or say exactly what each person receives. It only says who the heirs are. The division comes later, with the partición (division of the estate).

When it is needed

It is needed in three situations:

• The causante died without a will. This is the most common case. The inheritance is divided according to the Código Civil de Puerto Rico de 2020 (2020 Civil Code) (Art. 1719 and following). See who inherits without a will.
• The will was declared void.
• The will does not name heirs, for example, if it only leaves bequests of specific items.

If there is a valid will that names heirs, a declaration is normally not needed. In that case, the will and the ODIN certificate are used.

The first step is always to confirm there is no will. That is done with the negative certificate from the Wills Registry, which you request from ODIN (Office of Notarial Inspection, which keeps the wills registry) using form OAT-1572 and a $5 stamp. See will search certificate from ODIN.

Two routes: notary or court

The law lets you choose. Notaries and courts have concurrent jurisdiction: you can go to either one.

The notarial route (Ley 282-1999)

How it works. You ask the notario (in Puerto Rico a notary is an attorney) to prepare the declaration. The notary must report the matter to the Registro General de Competencias Notariales (General Registry of Notarial Matters) within 3 business days of signing the service agreement. The notary then gathers and reviews the documents, prepares an acta de notoriedad and gives notice of the determination within 72 hours (Art. 5).

What you state about the family and the causante is made under oath (Art. 7).

When the notary must stop. If a dispute or objection comes up, if the Ministerio Público (prosecutor's office) objects or if the matter is already in court, the notary stops acting (Art. 6). You would then have to go the court route.

What effect it has. The acta is presumed correct and has the same effects as a non-contentious court resolution, but it is not final and binding (cosa juzgada). Anyone who wants to challenge it has to prove the claim (Art. 9).

Costs. The notary's fees are agreed in writing (Art. 10). On top of that come notarial charges (aranceles) and $5 for each certificate from the Registry (Art. 13). There is no official fee schedule; ask for the total cost before you sign.

For people 60 or older who qualify financially, the Oficina del Procurador de las Personas de Edad Avanzada (OPPEA, the Office of the Ombudsman for the Elderly) has an agreement with the Colegio de Notarios (the notaries' professional association) to offer free notarial services, including the declaration.

The court route (Arts. 552–553)

How it works. An ex parte petition, that is, one that does not sue anyone, is filed in the Tribunal de Primera Instancia for the causante's last domicile or for where his or her property is located.

The petitioner states under oath:

• that the person died;
• that, to the best of his or her knowledge and belief, the person died without a will, or that no will was found after searching for one, or that the one that existed was annulled;
• the names and addresses of the heirs.

The court can decide without a hearing or call a hearing if it considers it necessary. The resolution is issued "without prejudice to third parties": a person with a right who was not notified can make a claim later (Art. 553).

Filing fee. The Judicial Branch's fee schedule, in effect since August 2015, sets $78 for the "Petición de Declaratoria de Herederos" (Petition for Declaration of Heirs). Confirm the amount with the court clerk's office (Secretaría) before filing, because fees can change.

A case that only goes to court. If there are no relatives entitled to inherit and the heir is the People of Puerto Rico (Pueblo de Puerto Rico), the declaration can only be made in court (Art. 1727).

Documents usually requested

In the notarial route, certified copies are requested of:

1. The causante's death certificate.
2. The marriage certificate, or the death certificate of a spouse who died earlier, or the divorce judgment.
3. The heirs' birth certificates.
4. The death certificates of heirs who died before the causante, if their children inherit in their place.
5. The negative certificate from the Wills Registry, or the judgment that annulled the will.
6. The deed or resolution of refusal, if any heir renounced the inheritance.

In addition, a sworn statement that says, among other things, the names the causante was known by, his or her last domicile, who the heirs and their spouses are, that no known heir was left out and that the causante did not have or adopt any other children.

In the court route, similar documents are filed, including the negative certificate from the Registry of Non-Contentious Matters (Registro de Asuntos No Contenciosos), which confirms that a declaration has not already been made before a notary (form OAT-1656, with a $5 stamp).

The published notice: only in one case

Many people believe every declaration requires publishing a notice (edicto) and waiting weeks. That is not so.

In the notarial route, the notice is mandatory only when the declaration is in favor of collateral relatives (siblings, nieces and nephews, aunts and uncles, cousins, up to the sixth degree) and the property is worth more than $5,000. It is published once in a newspaper of general circulation, paid for by the person requesting the declaration, and it gives 15 days from publication for anyone who believes they have an equal or better right to make a claim.

When the children, the spouse or the parents inherit, there is no notice.

In the court route, in that same case of collateral relatives with property worth more than $5,000, the judge may order notices at his or her discretion.

If there are minors

When the interested parties include minors or incapacitated persons, the notary must notify the Ministerio Público (prosecutor's office). If there is no written objection within 30 days, the notary continues (Ley 282, Art. 8).

The declaration is only the beginning. To sell or divide property inherited by a minor, court authorization is usually needed. We explain this in minors as heirs.

After the declaration

With the declaration in hand, the sucesión can:

• File the Planilla Informativa de Caudal Relicto (estate information return), which requires it as an attachment.
• Request Hacienda's lien release (relevo).
• Record the inherited property in the Registro de la Propiedad.

CaudalRelicto.com is an independent guide. It is not Puerto Rico's Departamento de Hacienda, the courts or any government agency. This page is general information, not legal advice from an attorney who knows your case. Names and figures in examples are hypothetical. Found an error? Tell us.