What to Do If a Loved One Passes Away Without a Will?

Losing a loved one is a challenging and painful experience, and on top of that, many legal and financial questions may arise. If your loved one passes away without leaving a will, it is important to know the steps to take to resolve everything in the best possible way.

What Is a Will?

A will is a legal document where a person specifies how their assets, property, money, and final wishes will be distributed after passing. However, many people do not create a will or fail to update it, leaving the distribution of their assets to the state’s laws.

Who Inherits If There Is No Will?

When there is no will, the law determines who the heirs are and in what order. In Puerto Rico, inheritance is distributed in the following order:

1. Descendants: Children, grandchildren, great-grandchildren, etc.
2. Ascendants: Parents, grandparents, great-grandparents, etc.
3. Surviving spouse: Widower or widow.
4. Collateral relatives: Siblings, nieces, or nephews.
5. Extended collateral relatives: Other family members, such as cousins, up to the sixth degree.
6. Commonwealth of Puerto Rico: The State receives the assets if there are no heirs.

Steps to Take If There Is No Will

If you find yourself in this situation, follow these steps:

1. Gather Important Documents

Look for documents related to the deceased’s assets, such as property deeds, bank accounts, and insurance policies.

2. File a Petition for Declaration of Heirs

You must go to the Court of First Instance closest to the deceased person’s last place of residence and submit this request. You may hire a lawyer to assist with the process.

Required Information for the Petition:

• Applicant’s details (name, address, phone number).
• Relationship with the deceased.
• Date, place, and circumstances of the death.
• Marital status of the deceased and spouse’s details (if applicable).
• A statement confirming that a search was conducted and no will was found.
• List of children (including those who passed away previously).
• A statement declaring there are no other recognized children.
• Details of the heirs entitled to the inheritance.
• Signed and notarized petition or sworn before the Court’s Secretary.

3. Required Documents

Attach the following documents to the heir declaration request:

• Negative certification of a will from the Registry of Powers ($5.00 in internal revenue stamps).
• Negative certification of non-contentious matters before notaries ($5.00 in stamps).
• Death certificate issued by the Demographic Registry ($10.00 in stamps).
• Birth certificates of the heirs ($5.00 each).
• Marriage certificate (if applicable, $5.00 on stamps).
• Death certificate of the spouse (if applicable, $10.00 in stamps).
• Divorce decree (if applicable).

4. Appointment of an Executor

The judge may appoint an executor to manage the assets until the succession process is completed. Once finalized, the judge will issue a resolution indicating who the heirs are and what assets they are entitled to.

Seek Legal Advice

If the process seems overwhelming, consult a lawyer to ensure everything is done correctly. Although this is a difficult time, following these steps will help avoid family conflicts and manage the inheritance in the best possible way.

In situations like this, having precise information and support resources is essential. That is why Triple-S Advantage has prepared a guide to help you navigate this process and provide tools for your well-being and that of your family while caring for your loved one. Find the Caregiver’s Guide at this link: Triple-S Advantage – Caregivers