reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2369 - Appointment of administrator

On the day and hour designated in the summons the judge, after hearing in person or by their counsel the parties who appear, shall appoint an administrator. The judge may appoint the surviving spouse, or the party having the largest interest in the inheritance or in the estate, if he or she have the necessary capacity for the discharge of the duties of administrator, or if such capacity be wanting, or if the interest of all be equal, or objections be made to such appointment, the judge shall appoint a stranger of well-known integrity and capacity.
History —Code Civil Proc., 1933, § 564.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2370 - Bond required

The appointee shall furnish a bond for such amount as shall be designated by the judge, unless the said appointee is released from such requirements by the interested parties of legal age and capacity therefor, in which case the bond shall be proportioned to the interest of those who do not or cannot, by reason of infancy or other incapacity, join in such release.
History —Code Civil Proc., 1933, § 565.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2371 - Increase of bond

The amount of the estate having been definitely determined by inventory, the judge of the Court of First Instance may order the administrator to file a larger bond than that first given, if he considers the former to be insufficient, and upon the failure of such administrator to furnish such increased bond he may remove him and appoint another.
History —Code Civil Proc., 1933, § 566.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2372 - Duties of administrator

The administrator shall immediately take possession of the money and public effects of the decedent and shall place them with the depository designated by the court, taking a receipt therefor. He shall also take charge of the jewelry, furniture, personal effects and gathered crops which he shall keep in a secure place.
History —Code Civil Proc., 1933, § 567.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 201 - Inventory (§§ 2401 — 2403) › § 2401 - Notice of inventory

Within ten (10) days after his appointment the administrator or executor shall proceed to make an inventory of the real and personal property belonging to the estate of the decedent and for that purpose shall give ten (10) days’ notice to the heirs and legatees and their legal representatives, if they have made their appearance in the proceeding, the surviving spouse or his or her legal representative, the creditors who are parties thereto, and the special guardian or legal representatives of the minor or incapacitated persons.
History —Code Civil Proc., 1933, § 568.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 201 - Inventory (§§ 2401 — 2403) › § 2402 - Manner of making inventory

The notices having been served as aforesaid the administrator shall, on the day and hour designated and in the presence of a notary or of two (2) reputable witnesses, proceed to make the inventory of the property of the inheritance in following order:
(1) Money.
(2) Public securities.
(3) Bonds, mortgages, stocks in corporations, promissory notes and other documents of credit.
(4) Furniture, jewelry and articles of apparel or of necessary use.
(5) Fixtures and livestock.
(6) Fruits and crops.
(7) Real estate and interest therein.
(8) Rights and actions not included in any of the foregoing.
(9) Books, papers, documents and deeds of special importance.
History —Code Civil Proc., 1933, § 569.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 201 - Inventory (§§ 2401 — 2403) › § 2403 - Contents; appraisement; filing

The inventory shall contain a full and clear description of the properties comprised in the different classes, with the respective value thereof, and shall be made under oath. In case of dispute as regards value the court shall appoint two (2) appraisers to make the appraisement. Upon the completion of the inventory the same shall be filed with the clerk of the Court of First Instance.
History —Code Civil Proc., 1933, § 570.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2431 - Administration of estate; repairs, labor, and fertilizer

The administrator shall hold the properties of the decedent and shall endeavor to make them yield the proper rents, products and profits. He may make ordinary repairs to buildings and procure the necessary labor and fertilizers as may be required for the cultivation of rural properties, without requiring authorization therefor.
History —Code Civil Proc., 1933, § 571.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2432 - Court order for extraordinary expenditures

Whenever the cultivation and repairs of the real estate shall require extraordinary disbursements an order of the court shall first be obtained, after written notice shall have been given to the acknowledged heirs or to their representatives. For the purpose of procuring such order a petition shall be filed under oath with the court, containing the necessary information concerning the necessity for making such repairs or cultivation and the amount of the estimated cost. Such petition may be made either by the administrator or by any heir acknowledged as such.
History —Code Civil Proc., 1933, § 572.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2433 - Bids for work

Whenever the purposed disbursements shall exceed the amount of five hundred (500) dollars, the judge may provide that bids be advertised for, unless the acnowledged heirs agree in writing that the work be done under the direction of the administrator.
History —Code Civil Proc., 1933, § 573.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2434 - Funds for payment of expenses

For such disbursements as well as for expenses of litigation, the payment of taxes and all other ordinary expenses of administration, the judge may order the administrator to retain a sum sufficient therefor, or, if the ordinary receipts are not sufficient to meet them, he may order the same to be drawn from the depository.
History —Code Civil Proc., 1933, § 574.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2435 - Sale of crops

The administrator shall sell, at the proper time and in the proper season, the crops received by him and shall deposit the proceeds therefrom in the institution where the other funds of the estate are deposited.
History —Code Civil Proc., 1933, § 575.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2436 - Lease of property

The administrator may let, by public or private contract, the dwelling houses owned by the decedent, or any part thereof, and may also let rural properties of small value, or any part thereof, according to the price current and under the customary conditions in the locality. The administrator may continue leases in force at the death of the decedent, or renew such leases as had expired under the terms previously agreed to by the said decedent, or for the same or higher rent, whatever may be the value and kind of the real estate. But leases of manufacturing establishments, or rural estates the annual rental of which exceeds one thousand (1000) dollars, and leases which, under the provisions of Title 30, the Mortgage Law, should be recorded in the registry of property, must be made to the highest bidder at public auction. The average rent of the same property for the five (5) preceding years, or, if such average cannot be made, the appraisement made by experts appointed by the judge shall be stated in the announcement of such public auction, which shall be held by the marshal, and shall constitute the minimum amount accepted as a bid. The administrator shall prepare specifications for such public auction and shall submit the same to the court for its approval. Notice of the auction and specifications therefor shall be posted in the office of the clerk of the court and in the customary public places of the town where the property is situated. Such notice or announcement shall also be published for such time and in such paper as shall be determined by the judge.
History —Code Civil Proc., 1933, § 576.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2437 - Bids for leases

The bids may be made orally at the time and place designated and those previous made in writing and sealed shall be opened and read at the same time and place. The highest bid shall be accepted; if no bid shall be made, the judge may, after hearing the acknowledged heirs, authorize the administrator to execute a lease under the most advantageous terms to the estate.
History —Code Civil Proc., 1933, § 577.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2438 - Lease of rustic property

All rustic properties of the decedent which are not in the possession of the heirs shall be leased, with the exception of those that the decedent was working or cultivating, for his own account, and any other which, for special reasons, or in order that they may be made more productive, the administrator, by consent of the acknowledged heirs, shall determine to cultivate.
History —Code Civil Proc., 1933, § 578.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2439 - Sale of property

The administrator shall not sell the inventoried property of the estate, except such as is likely to deteriorate, such as may be difficult and expensive to maintain, crops which can be sold advantageously, and all other properties the sale of which may be necessary for the payment of the debts of the decedent or to meet the expenses of the administration. The court, on the application of the administrator, and after notice to and hearing of the acknowledged heirs, may order the sale of such property at public auction after an appraisement thereof shall have been made by expert appraisers. Public sales shall be made under the same formalities and terms as hereinbefore provided for the making of leases.
History —Code Civil Proc., 1933, § 579.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2440 - Authority of agents of decedent

The authority of agents appointed by the decedent, in places other than the place where the court is situated, shall subsist so far as is necessary to maintain and keep his property safely, and they may be paid the same compensation as had been granted them by said decedent.
History —Code Civil Proc., 1933, § 580.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2441 - Duties of agents; removal

The said agents shall render their accounts and remit their collections to the administrator and shall be considered as his employees, and said administrator may require of them security for the discharge of their duties; but such agents shall not be removed except for just cause and by order of the judge. The administrator may, under such order, fill vacancies that may occur.
History —Code Civil Proc., 1933, § 581.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2442 - Directions of testator

All directions of the testator as to the administration of his property shall be followed until it is turned over to the heir. Where the testator has failed to make provision as to what should be done on this particular point, testamentary administration shall be governed by the regulation herein provided.
History —Code Civil Proc., 1933, § 582.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 203 - Administration of Decedents’ Estates (§§ 2431 — 2443) › § 2443 - Payments for support

On the petition of an interested party the judge may make an order, after notice to the administrator and other interested parties, that from the income of the estate payments be made to the heirs, legatees and to the surviving spouse for their support, in amounts proportioned to their shares, as net income of the property to which they may be entitled. The judge shall fix the amount and the time when the administrator shall make such payments.
History —Code Civil Proc., 1933, § 583.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 205 - Legal Proceedings in Which Decedents Were Parties (§ 2471) › § 2471 - Representation of decedent; stay of proceedings; substitution of parties

It shall be the duty of the administrators and while they are being appointed, of the executors, to represent the decedent in all legal proceedings begun by or against him before his death, and in those which may be instituted afterwards by or against the inherited estate. Actions or proceedings brought by or against the decedent shall be stayed by his death until the executor takes charge or an administrator is appointed; and the executor or administrator shall be substituted as a party in the action.
History —Code Civil Proc., 1933, § 584.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 207 - Compensation of Administrators and Executors (§ 2491) › § 2491 - Compensation of administrators and executors; expenses

Each administrator and executor, unless the will under which he is appointed provides to the contrary, shall be entitled to be paid from the estate, as compensation for his services, five per centum (5%) on sums received in the course of administration, amounting to one thousand (1000) dollars or under; two and one-half per centum (2 ½%) on sums up to ten thousand (10,000) dollars, and one per centum (1%) on sums above ten thousand (10,000) dollars. The judge shall also allow an administrator or executor the necessary and proper expenses incurred in administration, including cost of advertising and publishing notice required by law, maintenance and care of the property, legal counsels and traveling expenses.
History —Code Civil Proc., 1933, § 586.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2511 - Quarterly statements

Administrators and executors shall file in the Court of First Instance quarterly statements of the amount received and disbursed by them, verified by their oath accompanied by a voucher showing that the cash balance remaining has been deposited in the banking establishment designated as depository by the court. These statements shall be opened for inspection in the clerk’s office to any party interested in the estate.
History —Code Civil Proc., 1933, § 587.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2512 - Final account

Whenever the administrator or executor shall have completed his liquidation of the estate, or resigns, or is removed, or for any reason ceases to be such administrator or executor, he shall file with the court a final account sworn to by him and accompanied by proper receipts and vouchers, which shall likewise be open for inspection. On filing such final account all parties interested in the estate shall be cited to the end that they may attend the final settlement of his account and the return of his bond or cancellation thereof.
History —Code Civil Proc., 1933, § 588.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2513 - Approval of account

Eight (8) days after the service of citation to be issued upon the order of the judge of said court, if no objections be filed to such account, if in the opinion of the court the account is just and correct, and order approving the same shall be entered, discharging the administrator from responsibility and canceling the bond or other security which he has given. Should objections be filed to the account, the matter shall be brought on for a hearing and proof taken and the account approved or disapproved as the law and facts may justify.
History —Code Civil Proc., 1933, § 589.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2514 - Final order approving account; appeal

The Court of First Instance shall make a final order, either approving the account as rendered or modifying and amending it and charging the executor or administrator as law may require, and an appeal may be taken from such final order.
History —Code Civil Proc., 1933, § 590.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2515 - Petition for final accounting

Any heir, or legatee, or creditor, or surety of an administrator or legal representative of such surety, or any guardian of a minor or incapacitated person, may petition the court that an executor or administrator render his final account, and such petition shall be granted, except that the judge to whom the petition is presented may, in his discretion, deny it if fifteen (15) months have not elapsed since the executor or administrator was appointed and it appears that for some good reason, based on difficulty and unavoidable delays arising in the administration, it has been impossible to close the administration and render the final account.
History —Code Civil Proc., 1933, § 591.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 209 - Accounting of Administrators and Executors (§§ 2511 — 2516) › § 2516 - Distribution of surplus

The final decree on any accounting shall contain the provision that law and justice require for the distribution of the surplus, in money or property, remaining after the payment of the debts of the decedent and the expenses for the administration among those entitled thereto by law.
History —Code Civil Proc., 1933, § 592.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 211 - Rights of Creditors; Payment of Debts (§§ 2541 — 2544) › § 2541 - Payment of debts of decedent

It shall be the duty of every executor or administrator to pay the valid debts of the decedent within a reasonable time, with the intervention of the heirs, or, in default thereof, of the Court of First Instance.
History —Code Civil Proc., 1933, § 593; Aug. 31, 2012, No. 219, § 71.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 211 - Rights of Creditors; Payment of Debts (§§ 2541 — 2544) › § 2542 - Notice to creditors; rejection of claims

For this purpose, he shall publish in a newspaper designated by the judge of the Court of First Instance a notice to the creditors to present their claims, duly verified, to him at a place designated by the notice. The notice must be published once a week for two (2) consecutive months. If the executor or administrator doubts the validity of any claim he shall reject it, notifying the claimant in writing thereof. The claimant shall then have the right to make good his claim by instituting the proper action against the administrator of the estate.
History —Code Civil Proc., 1933, § 594; Aug. 31, 2012, No. 219, § 71.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 211 - Rights of Creditors; Payment of Debts (§§ 2541 — 2544) › § 2543 - Action on claims not filed within six months

Where an action is brought by a creditor on a claim which has not been filed within six (6) months from the publication of the notice to creditors, the executor or administrator shall not be liable for any assets or moneys that he may have paid on account of lawful claims or legacies or shares, before the action was begun.
History —Code Civil Proc., 1933, § 595; Aug. 31, 2012, No. 219, § 71.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 211 - Rights of Creditors; Payment of Debts (§§ 2541 — 2544) › § 2544 - Creditors may proceed against heirs; rights of heirs as to inventory

None of the proceedings herein provided for shall prejudice the rights of creditors to proceed against an heir who accepts his share in the succession, nor debar heirs from exercising at the proper time and in the proper manner the right to deliberate or to accept the estate with the benefit of inventory. When applying for judicial administration, the heirs may demand the legal period of time for deliberating, or may state that they accept the inheritance with benefit of inventory. In any case the inventory, when filed with the court, shall be open to inspection in order that the heirs may examine it and decide on the course best suited to their interests.
Notice This section has more than one version with varying effective dates. First of two versions of this section.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 211 - Rights of Creditors; Payment of Debts (§§ 2541 — 2544) › § 2544 - Repealed

Notice This section has more than one version with varying effective dates. Second of two versions of this section.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 213 - Acceptance of Office of Executor or Administrator (§ 2571) › § 2571 - Acceptance of office; issue of letters

Every executor who accepts his appointment under a will shall be obliged to file with the officer in whose office the will is recorded a written acceptance thereof, with his oath of office, binding himself to discharge his duties as executor to the best of his ability, and in default thereof he shall be unable to take possession of the property of the decedent. The part of the Court of First Instance of the last domicile of the decedent or of the place where his property is situated shall, on the filing of a certificate of the notary or other proper officer that such acceptance and oath of office have been filed, issue letters testamentary to the executor, which shall be evidence of his authority. When any administrator has filed his bond and an oath of office, the judge or court that shall have appointed him shall issue to him letters of administration, over its seal, as evidence of his authority.
History —Code Civil Proc., 1933, § 597; Aug. 31, 2012, No. 219, § 71.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 215 - Actions as to Validity of Wills (§§ 2591 — 2592) › § 2591 - Actions as to validity

Whenever the validity of any will is contested on the ground of noncompliance with the formalities required by law, or for want of testamentary capacity on the part of the testator, and whether or not it be alleged that there is another and valid will of either later or earlier date of execution, an action may be brought by any heir or executor or legatee named in any will the validity of which it is sought to establish, for the purpose of determining whether the decedent left a valid will and, is so, in what document his last will and testament is contained.
History —Code Civil Proc., 1933, § 598.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 215 - Actions as to Validity of Wills (§§ 2591 — 2592) › § 2592 - Where brought; parties

Such an action shall be brought in the part of the Court of First Instance having jurisdiction of the last domicile of the deceased or of the place where the greater portion of the property of the decedent is situated. The executor, heirs and legatees under any will alleged to be for the decedent and the validity of which is sought to be established or to be invalidated may be made parties to the action.
History —Code Civil Proc., 1933, § 599.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2621 - Application for appointment of commissioner in partition

Whenever any executor or administrator is in possession of all of the estate, and shall have paid or shall have in hand a sufficient amount for the payment of the debts and expenses of administration; he must apply to the Court of First Instance for the appointment of a commissioner to make such partition and division, in case that decedent did not, by his will, appoint such commissioner.
History —Code Civil Proc., 1933, § 600.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2622 - Information to be furnished

All such information as may be necessary for the appraisal, liquidation, division and distribution of the hereditary estate shall be transmitted to such commissioner, whether appointed by the decedent in his will, or by the Court of First Instance.
History —Code Civil Proc., 1933, § 601.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2623 - Compelling commissioner to perform functions

The acceptance by the commissioner of the appointment shall entitle each and every interested party to compel him to perform his functions within a reasonable time, according to the importance and the difficulty of the division; and should he fail or neglect to do so, any party may apply to the judge of the Court of First Instance for an order directing him to do so.
History —Code Civil Proc., 1933, § 602.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2624 - Duties of commissioner; report

The commissioner shall fix a day, hour, and place for the division and shall for such purpose notify the parties thereto. At the time and place fixed, and in the presence of the parties, he shall have the power to examine witnesses and experts. He shall submit a statement of the property subject to division, with the value of each item, and in his report, which must be subscribed by him, he shall point out the way and manner in which the property may be justly and equitably divided between those entitled to share in the inheritance or succession, and if in his opinion, such division cannot be made without sale, he shall include that fact in his report and recommend a judicial sale for the purpose of distribution of the proceeds. He shall file his report with the clerk of the court, and any of the parties may file an application for the approval of such report, on eight (8) days’ notice to other parties. If, during eight (8) days after notice of the filing of the report no objections to the report are filed, the judge of the Court of First Instance shall approve it and make an order for partition, division, or distribution in accordance therewith. If objections are filed to the report, the matter may be brought on for hearing before the court by any party on five (5) days’ notice to the others, and the judge, after hearing the parties by their counsel, shall sustain or overrule the objections, confirm the report or set it aside, or send it back for amendment. If the report shall be attacked for bribery, conspiracy, fraud or misconduct in the proceeding, and there appear substantial grounds for the accusation, the judge shall remove the commissioner and direct a copy of the proceedings and of the evidence to be placed in the hands of the prosecuting attorney of the Court of First Instance for the institution of criminal proceedings and set aside the report and appoint another commissioner to make a new partition.
History —Code Civil Proc., 1933, § 603.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2625 - Rights of parties; possession of estate; approval of partition; appeals

When the partition has been definitely approved, each of the interested parties shall be entitled to a certified copy of the final order of partition, which shall contain all of the requisites necessary for inscription in the Registry of Property; such documents declaring titles that may be recorded. When the final order is made, the heirs shall be placed in possession of the shares which have been respectively allotted to them; Provided, That where the heirs, being all of legal age, shall have informed the court that they are agreed as to the partition of the hereditary estate, §§ 2621-2624 of this title shall not be applicable, and such heirs shall immediately be placed in possession of the hereditary estate by the executor or administrator having the possession of the estate. Where there are one or more minor heirs, or heirs otherwise incapacitated, and the legal representatives of the same and of the heirs are agreed in respect to the partition of the hereditary estate, the provisions of §§ 2621-2624 of this title shall have no application: Provided, That all interested parties shall file with the court a statement of such partition of the hereditary estate as may have been made. The Court of First Instance shall approve such partition, making therein such legal modifications as the court may deem advisable; against such modifications as the court may make in said partition, any or all of the interested parties not in conformity therewith may take an appeal to the Supreme Court, and said appeal shall be prosecuted in accordance with the provisions of this title.
History —Code Civil Proc., 1933, § 604.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 217 - Division and Partition of Inheritance (§§ 2621 — 2626) › § 2626 - Partitions where minors are interested

Whenever the partition of an inheritance is made wherein minors or incapacitated persons are interested, if property of the estate is to be adjudicated in payment of debts to heirs or others, the matter shall be submitted to the part of the Court of First Instance of competent jurisdiction for approval, and if said court, after hearing the prosecuting attorney, becomes convinced of the certainty of the debt and that the adjudication in payment of same is reasonable and just, it may approve such adjudication in payment of the debt without a public sale.
History —Code Civil Proc., 1933, § 605.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2661 - Recording of appointment of guardian

After the appointment of testamentary guardian for a minor or incapacitated person, when the appointee has furnished the bond fixed by the appointing person, or when the said appointee has been relieved from furnishing any such bond, on the petition of the proper party the recording of such appointment shall be ordered to be made in the registry of guardianship for which purpose the proper order of court shall be issued wherein shall be stated all the details provided by § 823 of Title 31.
History —Code Civil Proc., 1933, § 606.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2662 - Notation of record; possession of office

Such recording having been done, the fact shall be noted at the foot of the said order of court setting forth the volume and folio of the said registry where it was made, and the said order, with the aforesaid note, shall be returned and the court shall put the said guardian in possession of his office, after he takes oath to fulfill well and faithfully the obligations of said office.
History —Code Civil Proc., 1933, § 607.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2663 - Petition for appointment of guardian for person not under patria potestas

Whenever a minor or incapacitated person, not under patria potestas, has no guardian appointed in a testamentary disposition, such guardian shall be provided for him on petition of a party showing by affidavit the aforesaid facts, as well as which number agreement problem [person] mentioned in §§ 701-709 of Title 31, as the case may be, shall exercise the guardianship, or that he has no such [person].
History —Code Civil Proc., 1933, § 608.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2664 - Appointment of guardian

The aforesaid facts having been established in due form, the court shall appoint the relative upon whom the guardianship devolves, and in the event of there being none, the court shall appoint a person of well-known integrity fixing the bond to be furnished by such person and upon the furnishing of such bond the order of court for the recording in the registry of guardianship referred to in § 2661 of this title in the form and manner therein stated, shall be made. After such recording, the matter shall be proceeded with as provided by § 2662 of this title.
History —Code Civil Proc., 1933, § 609.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2665 - Qualification without giving bond

Any guardian may be qualified by the court, without giving bond, to represent a minor or incapacitated person in all such cases where his intervention shall be necessary; but it shall be understood that the above-mentioned guardian shall previously fulfill the requirements of § 2661 of this title as soon as he be under the necessity of taking charge of the administration and custody of the property of his ward.
History —Code Civil Proc., 1933, § 610.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 221 - Appointment of Guardians and Counsel (§§ 2661 — 2666) › § 2666 - Appointment of counsel

The appointment of counsel shall always be made on petition setting forth, under oath, that the minor concerned therein comes within the provisions of § 617 of Title 31.
History —Code Civil Proc., 1933, § 611.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2671 - Definitions

For purposes of this chapter, the following definitions shall have the meaning expressed below:
(a) Adult.— Means an individual who has attained twenty-one (21) years of age, including minors who have become emancipated.
(b) Guardian or Conservator.— Means a person appointed by the court to administer the property of an adult and make decisions regarding said adult, including a person appointed under §§ 661 et seq. of Title 31.
(c) Guardianship order.— Means a court order appointing a guardian after declaring someone incapacitated.
(d) Guardianship proceeding.— Means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(e) Incapacitated person.— Means an adult declared incapacitated by a court with jurisdiction and for whom a guardian has been appointed.
(f) Party.— Means the respondent, petitioner, guardian, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(g) Person.— Except in the term “incapacitated person” or “protected person”, means an individual, corporation, trust, estate, partnership, association, government agency or instrumentality, or any other legal or commercial entity.
(h) Protected person.— Means an adult for whom a protective order has been issued.
(i) Protective proceeding.— Means a judicial proceeding in which a protective order is sought or has been issued.
(j) Record.— Means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(k) Respondent or Protected person.— Means an adult for whom a protective order or the appointment of a guardian is sought.
(l) State.— Means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
History —Oct. 5, 2012, No. 296, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2672 - International application

A court of Puerto Rico may treat a foreign country as if it were a state for the purpose of applying any provision of this chapter, except for § 2678 of this title concerning the Registration of Guardianship and acceptance of orders issued by other state courts.
History —Oct. 5, 2012, No. 296, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2673 - Communication between courts

(a) A court of Puerto Rico may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to be part of the communication, except as otherwise provided in subsection (b), the court may allow the parties to participate in the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
History —Oct. 5, 2012, No. 296, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2674 - Cooperation between courts

(a) In a guardianship or protective proceeding in a court of Puerto Rico, the judge in charge may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent or incapacitated person.
(4) Order any appropriate investigation of a person involved in a proceeding.
(5) Forward to the court of that state a certified copy of the transcript or other record of a hearing under clause (1) or any other proceeding, any evidence otherwise produced under clause (2), and any evaluation or assessment prepared in compliance with an order under clauses (3) or (4).
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information, as defined in 45 C.F.R. 160.103, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of Puerto Rico has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History —Oct. 5, 2012, No. 296, § 5.