I ALWAYS recommend to retain legal counsel to file a Declaration of Heirs. It is one of those legal filings where it is VERY easy to make mistakes, and these mistakes have terrible repercussions throughout the subsequent estate division. It may seem like a simple matter, but it requires drafting the document with the utmost care and complying with all the legal formalities of a writ to the court. Like many legal filings in Puerto Rico, it is not a form that you simply fill out and submit to the court. It requires a few hours of drafting from scratch, and the inclusion of the proposed judgment to be issued by the court.

Also, since it is the very first filing for an estate division, if a simple mistake is made, it may affect the complete estate division in the long run, which may have catastrophic consecuences.

This is why I have NEVER discussed the intricacies of the filing itself on my webpage.

The first step necessary in order to claim a property is to be named as heir to the estate. Without a will, this is accomplished by filing for a Declaration of Heirs. Once someone is named as heir, that heir can administrate, initiate the estate division process, or claim his/her rights as part of the estate.

Searching for a will is easy in Puerto Rico. All wills must be registered in the PR Will Registry, which is a dependency of the PR Supreme Court. Here you will find additional information: http://www.boricualaw.com/2008/05/15/no-will-no-problem-2/

Searching for real estate properties is a little harder. The Center for Collection of Municipal Taxes (CRIM in Spanish), can be searched to find real estate property taxes, which in turn may prove useful in identifying properties. Finally, a thorough PR Property Registry search may prove useful, but many Property Registries have a severe delay in registering land transfers.

Finally, retaining the services of legal counsel in order to conduct an Estate Investigation is highly advisable, although very few attorneys in Puerto Rico seem to carry out this service.