A situation that comes up constantly: the property is ready to sell, the price is right, the buyer is there — but the deal stalls. Not because the property has issues. Not because financing fell through. But because the heirs haven't sorted out the legal paperwork.

Specifically, what's called a declaratoria de herederos — an inheritance declaration. This is the legal process that formally establishes who the heirs of a deceased person are. Without it, you simply cannot sell.

Many heirs are willing to sell — but nobody wants to pay the upfront costs. Some law offices have started covering the entire process upfront and only getting paid when the property closes. No money out of pocket for the heirs. Everyone wins.

Is this your situation? Some attorneys cover all costs upfront and collect only at closing. Contact Walter to connect you with the right team.

WhatsApp Walter — 787-223-2817

In Puerto Rico, a holographic will — written entirely by hand and signed by the deceased — still requires court validation. Witnesses must testify that the document is authentic. If the judge is not convinced, that will is treated as if it doesn't exist.

Important update: If the person passed away after November 20, 2020, the rules changed. The cuota viudal usufructuaria — the surviving spouse's automatic inheritance share — was eliminated.

What still applies under current law:

• La legítima — the protected share reserved for direct heirs (children).
• La libre disposición — the portion the will-maker can leave to anyone they choose.

No will at all? The free portion disappears entirely. Everything goes to the legal heirs according to the law, with no flexibility.