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One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.
In general, probate is the judicial procedure by which an estate is opened, administered, divided and closed. In Puerto Rico, this procedure is needed to validate a will in order to distribute, or when a will fails for lack of requirements under the law, or when there is no will.
The application, supporting documentation, certificate of service, and notice should be filed through CM/ECF and/or mailed to the court at the following address: U.S. Bankruptcy Court, District of Puerto Rico Jose V. Toledo Federal Building & US Courthouse, 300 Recinto Sur Street, San Juan, PR 00901.
10 tips to avoid probate Give away property. Establish joint ownership for real estate. Joint ownership for other property. Pay-on-death financial accounts. Transfer-on-death securities. Transfer on death for motor vehicles. Transfer on death for real estate. Living trusts.
As of November 28, 2020, inheritances are distributed in two parts. 50% is of free disposition and the other half (legitimate) is divided equally among the forced heirs, which are the children and now include the widow or widower.
Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.
If no Puerto Rican will exists, then the court will issue a resolution declaring who are the heirs, commonly known as a "Declaratoria de Herederos". There is a possibility that an additional hearing may be needed before the judge can decide who are the heirs.