Declaration of heirs: what it is and the two routes to request it

It is the official determination of who inherits when there is no will. If the person left a will, the declaration does not apply: the heirs arise from the will itself (and to know whether one exists, you request the certification from the Registry of Wills). Act 282-1999 gave notaries competence over this procedure, concurrent with the courts’: the petitioner "shall have the option of presenting the matter before the notary or before the Court, as they deem convenient". In the notarial route the notary gathers and qualifies the documents, and if they conclude it proceeds, they record in a notarial act the requester’s name, the steps taken, the statements received, the documents examined and the declaration of facts and law — that is, who the heirs are. If they conclude it does not proceed, they return your documents, explain why, and you can try the judicial route.

The procedure can be started by whoever is legitimated to do so — typically an heir or a person with an interest in the estate. It is used when the person died without a will (or the will was declared void). To prove it you need the negative certification from the Registry of Wills, plus the death certificate and evidence of family relationships: the children’s birth certificates, the marriage certificate if applicable. The notarial route can be handled by any person admitted by the Supreme Court as attorney and notary; the judicial one runs in the corresponding court.

• That the person died without a will: the declaration does not apply when a valid will exists.Verified against the official source
• Being legitimated to require the procedure: the notarial process starts "by requirement of whoever is legitimated to do so".Verified against the official source
• In the notarial route: an attorney-notary admitted by the Supreme Court, who must notify the start to the General Registry of Notarial Competencies within 3 working days of signing the services contract.Verified against the official source

• The deceased person’s death certificate.
• Negative certification from the Registry of Wills, evidencing no will was executed.
• Evidence of the ties: children’s birth certificates, the spouse’s marriage certificate, and information on all children — from every marriage and outside marriage, including those who died before.
• To later request the certification of the notarial matter: form OAT-1656 with $5.00 in internal revenue stamps (without the stamp the request is not received).

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   Step 1: Confirm there is no will

   First of all, request the certification from the Registry of Wills: if a will exists, the inheritance runs through it and the declaration does not apply. That negative certification is also one of the documents the procedure requires. The ODIN certifications guide explains how to request it.

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   Step 2: Choose the route: notary or court

   The law grants concurrent competence and the choice is yours. The notarial route exists precisely to decongest the courts and bring the procedure closer to people: the notary gathers the documents (you can provide them or they can obtain them), qualifies them, and if it proceeds executes the act with the declaration of heirs. The judicial route remains available, and it is the natural path if the notary concluded the case does not proceed in their forum or if a dispute arises between the parties.

3. 3

   Step 3: In the notarial route: the matter is registered

   The notary notifies the start of their intervention to the General Registry of Notarial Competencies within 3 working days of signing the contract, and notifies their final determination within 72 hours. They prepare a file with the sworn statements, examined documents and notifications to interested parties. That registry is your protection: anyone can later verify the matter was processed.

4. 4

   Step 4: Request the certification if you need it

   To evidence the matter before banks, agencies or the Property Registry, the Office of Notarial Inspection issues certifications from the Registry of Non-Contentious Matters. It is requested with form OAT-1656, accompanied by $5.00 in internal revenue stamps, by mail (PO Box 190860, San Juan, PR 00919-0860), by email to asuntosnocontenciosos@poderjudicial.pr, or by calling (787) 763-8816 for guidance. You can pick it up in person or receive it by mail if you include a pre-addressed stamped envelope.

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   Step 5: Follow the inheritance chain

   The declaration says who inherits; it transfers nothing by itself. With it in hand, the usual next step is the Treasury estate release, and then the concrete transfers: the vehicle title, the bank account, power and water, and the property registration. Several of those steps have their own PRFácil guide.

Notarial route: with any attorney-notary admitted by the Supreme Court. Judicial route: in court. Certifications from the Registry of Non-Contentious Matters: Office of Notarial Inspection, PO Box 190860, San Juan, PR 00919-0860; (787) 763-8816; asuntosnocontenciosos@poderjudicial.pr.

• Not knowing the notarial route exists: since Act 282-1999 the declaration can be processed before a notary, and the choice of route belongs to the petitioner.
• Starting without the negative certification from the Registry of Wills: it is the evidence there is no will, and the procedure does not move without it.
• Omitting children from prior marriages or outside marriage: every potential heir counts, including those who died before.
• Believing the declaration transfers the assets: it only declares who inherits; the transfers and Treasury release come after.
• Sending the OAT-1656 request without the $5.00 in stamps: the Office does not receive it without the stamp.
• Forcing the notarial route when heirs are in dispute: if a controversy arises, the matter belongs to the court.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov

• Form OAT-1656, certification from the Registry of Non-Contentious Matters

  Poder Judicial

  poderjudicial.pr