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The Process of Probate

Puerto Rico Probate Attorney

Probate in Puerto Rico depends on the existence and validity of a will. If a will exists, and is legal in the eyes of the court, probate may not be necessary. However, if a will does not exist, or does not follow Puerto Rican laws, probate is mandatory. Families may not have any prior experience with probate, and the emotional toll of losing a loved one may make the process especially difficult and stressful. If the executor or administer misses necessary probate steps, or certain waivers and paperwork are filled out incorrectly, the probate process may be delayed. An experienced probate lawyer in Puerto Rico from the Law Office of Sylvia C. Lugo-Sotomayor may be able to help those who have lost a loved one and are now dealing with probate. Contact our firm and see if we may be able to help!

What needs to be done during the process?

The first step of the probate process is filing a petition before the Court of First Instance. The petition must include the name of all heirs and beneficiaries, legal copies of their birth certificates, and a certified copy of the decedent's death certificate. If the court approves the petition, an estate tax return must be filed with the Puerto Rico Treasury Department, or the Departamento de Hacienda. All of the deceased's assets must be listed on the return, and once the Department looks over the estate tax return, they will either issue a tax bill or waiver. One of these items must be obtained to complete the probate process. It is also imperative that the executor or administrator makes certified copies of the waiver or bill, in the situation when a bank or other entity may require one.

If the decedent did not have any real properties, the probate process is essentially completed, and the executor may distribute assets according to the will. If real properties are involved, three extra documents are needed before the probate process is complete. One document an attorney must create, and it must list which heirs are receiving what properties. A certification explaining that taxes are updated is needed, which is usually procured by visiting the Center for the Collection of Municipal Taxes. The final document must state that no alimonies are owed, which may be obtained through the ASUME. If debts are owed, parts of the estate must be sold prior to listing them in the document created by a lawyer. Finally, an attorney will file an instancia, and the probate process is complete.

Need a probate lawyer's assistance in Puerto Rico?

It is understandable that people seek an attorney's help when they are dealing with probate. With numerous steps and documents that are needed for the process, it is difficult to complete every task correctly and in the correct order. Our San Juan attorneys at the Law Office of Sylvia C. Lugo-Sotomayor are dedicated to our clients, and we will do everything in our power to help them successfully resolve their probate concerns. Call our office today to schedule an appointment, or fill out a free case evaluation!

Law Office of Sylvia C. Lugo-Sotomayor - Probate Attorney in Puerto Rico
# 7 Bayamon Street,
San Juan PR 00918
Phone: (787) 390-9140
Website:
Probate.com

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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