What is an estate under Puerto Rico's law?

An Estate is the means by which the properties of a person are transferred to his (her) heirs at the time of his (her) death.

Definitions:

Constituent or Principal - is the person who died.

Heir - is each one of the persons substituting for the Constituent or Principal and receiving all or part of his assets and obligations by reason of his death.

Estate - Is the group of heirs taken as a whole, that is, taken as a single unit, as a single body. The term is also used to refer to the group of assets passing from the Constituent or Principal to his heirs by reason of his death.

As an example of the above please note : Juan passed away and there are three surviving children, called José, María and Pedro. Juan is called the Constituent or Principal and each one of his children is called a Heir, and all three children, taken together as a group, are called the Estate of Juan.

In relation with the properties that are located in Puerto Rico, if the Principal was married, his Estate includes only half of all the properties that were owned in joint tenancy with his wife at the time of death. This is so because the other half of said properties was owned by the surviving spouse. So, the Principal can not pass title to that other half because it is not his (her) property.

Title to the properties that are included in the Estate is transferred automatically from the Principal to the heirs at the time of death. However, being the owner of the properties does not mean that the heirs may use or dispose of the properties just by that. In order to use or dispose of the properties it is necessary to do some procedures in Puerto Rico which include procedures in the Courts of Justice, the Treasury Department, the Registry of the Property and some other procedures. In order to complete these procedures it is necessary to hire the services of an attorney authorized to do business in Puerto Rico.

The complete handling of the proceedings may require other professional services, such as accounting services, assessment of the properties, real estate agency, and others. The hiring of these services may also be done through the Attorney that be hired by the heirs.