A common misconception about estates in Puerto Rico is that it is up to the Executor (or “Albacea” in Spanish) to divide the estate.
The truth is that it is the responsibility of the heirs to divide the estate.
The executor’s rights, responsibilities and obligations are usually outlined in the testament. Anything not covered by the testament is outlined in the Puerto Rico Civil Code. While it may be true that an heir can named as an executor, or executrix, other heirs have the right to divide the estate whenever they wish to do so.
It’s up to the heirs to request that the estate be divided or not. Heirs can also choose to remain as co-owners of the undivided estate, or to divide assets according to the testament, but it is NOT the executor’s responsibility to divide the estate.
Hi:
Prepa…attorney in PR., what if you have an Albacea and a will with only one “inmueble” left to only on person..why in the first place the Notario needed an Albacea..!!! Since he does not have the responsability as you mentioned to divide the estate, I guess I do not need anything from him in order to present the will with the “planilla de caudal relicto” an so to the Registrar…???
Thank you for your question. The PR Civil code outlines the executor’s rights and responsibilities, in addition to the actual text of the will. The appointing of an executor is more of a tradition than a need these days. Notaries include them, and there are very common misconceptions that the executor has the same rights and responsibilities as their stateside counterparts. It’s sometimes used as a preventive measure to ease the estate division, but my experience has been quite the contrary. Executors usually hinder and delay estate divisions, and add to the general turmoil of unsettled estates.
Like I said, the heirs are in charge. After all, they are co-owners of the property, and have an undeniable right to divide and claim their portion of the estate. They can administrate properties, and begin the estate division process. They only need to choose to do so. You might NEED the executor for some cases, such as when the will is contested, or when there are bequeathments (legados) to be paid out, but most of the time…heirs can go right ahead and divide.
Welcome to our noble profession, and I wish you the very best! All of us have been “prepas” at one point, so march on my friend. And let me know if you need some help.