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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1527/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1527 - Compilation of papers in civil suits—Orders executed by marshal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1527 - Compilation of papers in civil suits—Orders executed by marshal
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All written orders executed by the marshal in any case shall be returnable to the clerk of the court, who shall include them, in the manner as aforesaid prescribed, in the papers to which they pertain.
History —Feb. 19, 1906, p. 101, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1528/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1528 - Compilation of papers in civil suits—Sentences and notifications of appellate court
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1528 - Compilation of papers in civil suits—Sentences and notifications of appellate court
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In a like manner, all certified copies of sentences rendered by the court of appeal and all kinds of notifications issued by said courts in any case shall be compiled and form part of the records of the court wherein the case was first instituted.
History —Feb. 19, 1906, p. 101, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1529/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1529 - Compilation of papers in civil suits—Numbering of pages in record
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1529 - Compilation of papers in civil suits—Numbering of pages in record
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Each page of the record shall be numbered in figures on the upper right-hand margin of the page.
History —Feb. 19, 1906, p. 101, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1530/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1530 - Compilation of papers in civil suits—Index
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1530 - Compilation of papers in civil suits—Index
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On the termination of a case, the clerk of the court shall make and annex carefully to the papers an index of the contents thereof.
History —Feb. 19, 1906, p. 101, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-2/part-x/chapter-135/1531/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561)›PART X - Miscellaneous (§§ 1331 — 1531)›Chapter 135 - General Provisions (§§ 1511-1520 — 1531)›§ 1531 - Compilation of papers in civil suits—Proceedings to which applicable
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1531 - Compilation of papers in civil suits—Proceedings to which applicable
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Sections 1525-1531 of this title shall apply in all civil proceedings before all Commonwealth courts and judges.
History —Feb. 19, 1906, p. 101, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-i/chapter-153/1673/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART I - General Provisions (§§ 1621 — 1676)›Chapter 153 - General Principles of Evidence (§§ 1661 — 1676)›§ 1673 - Written words and written form
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART I - General Provisions (§§ 1621 — 1676) › Chapter 153 - General Principles of Evidence (§§ 1661 — 1676) › § 1673 - Written words and written form
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When an instrument consists partly of written words and partly of a written form, and the two (2) are inconsistent, the former controls the latter.
History —Code Civil Proc., 1933, § 392.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-i/chapter-153/1675/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART I - General Provisions (§§ 1621 — 1676)›Chapter 153 - General Principles of Evidence (§§ 1661 — 1676)›§ 1675 - Statute or instrument susceptible of two interpretations
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART I - General Provisions (§§ 1621 — 1676) › Chapter 153 - General Principles of Evidence (§§ 1661 — 1676) › § 1675 - Statute or instrument susceptible of two interpretations
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When a statute or instrument is equally susceptible of two (2) interpretations, one in favor of natural right and the other against it, the former is to be adopted.
History —Code Civil Proc., 1933, § 394.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-ii/chapter-161/subchapter-ii/1781/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941)›Chapter 161 - Documents (§§ 1761 — 1821)›Subchapter II - Public Documents (§§ 1781 — 1802-1810)›§ 1781 - Right to inspect and copy public documents
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1781 - Right to inspect and copy public documents
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Every citizen has a right to inspect and take a copy of any public document of Puerto Rico, except as otherwise expressly provided by law.
History —Code Civil Proc., 1933, § 409.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-ii/chapter-161/subchapter-ii/1793/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941)›Chapter 161 - Documents (§§ 1761 — 1821)›Subchapter II - Public Documents (§§ 1781 — 1802-1810)›§ 1793 - Conclusive effect of judgment or final order
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1793 - Conclusive effect of judgment or final order
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The effect of a judgment or final order in an action or special proceeding before a court or judge of Puerto Rico or of the United States having jurisdiction to pronounce the judgment or order, is as follows:
(1) In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person.
(2) In other cases the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding.
History —Code Civil Proc., 1933, § 421.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-ii/chapter-161/subchapter-ii/1798/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941)›Chapter 161 - Documents (§§ 1761 — 1821)›Subchapter II - Public Documents (§§ 1781 — 1802-1810)›§ 1798 - Effect of other judicial records—State of Union
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1798 - Effect of other judicial records—State of Union
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The effect of a judicial record of a State of the Union is the same in Puerto Rico as in the State where it was made, except that it can only be enforced in Puerto Rico by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not exceed the jurisdiction conferred by the laws under which the said authority was granted.
History —Code Civil Proc., 1933, § 426.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-ii/chapter-161/subchapter-ii/1801/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941)›Chapter 161 - Documents (§§ 1761 — 1821)›Subchapter II - Public Documents (§§ 1781 — 1802-1810)›§ 1801 - Impeachment of judicial record
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1801 - Impeachment of judicial record
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Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record in respect to the proceedings.
History —Code Civil Proc., 1933, § 429.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-iv/chapter-181/2183/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187)›Chapter 181 - Generally (§§ 2181 — 2187)›§ 2183 - Protection of witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2183 - Protection of witness
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It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue.
History —Code Civil Proc., 1933, § 527.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-iv/chapter-181/2184/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187)›Chapter 181 - Generally (§§ 2181 — 2187)›§ 2184 - Immunity from arrest
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2184 - Immunity from arrest
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Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee, or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.
History —Code Civil Proc., 1933, § 528.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-iv/chapter-181/2185/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187)›Chapter 181 - Generally (§§ 2181 — 2187)›§ 2185 - Penalty for arresting witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2185 - Penalty for arresting witness
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The arrest of a witness, contrary to the preceding section, is void, and when wilfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him; and is also liable to an action at the suit of the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest.
History —Code Civil Proc., 1933, § 529.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-iv/chapter-181/2186/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187)›Chapter 181 - Generally (§§ 2181 — 2187)›§ 2186 - Arresting officer ignorant of facts; affidavit of witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2186 - Arresting officer ignorant of facts; affidavit of witness
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An officer is not liable for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating:
(1) That he has been served with the subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued;
(2) That he has not thus been served by his own procurement, with the intention of avoiding an arrest, and
(3) That he is at the time going to the place of attendance, or returning therefrom; or remaining there in obedience to the subpoena.
The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.
History —Code Civil Proc., 1933, § 530.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-3/part-iv/chapter-181/2187/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187)›PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187)›Chapter 181 - Generally (§§ 2181 — 2187)›§ 2187 - Discharge of witness from arrest
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2187 - Discharge of witness from arrest
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The court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of § 2183 of this title. If the court has adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge.
History —Code Civil Proc., 1933, § 531.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2241/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2241 - Reduction of nuncupative will to public instrument
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2241 - Reduction of nuncupative will to public instrument
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A nuncupative will may be reduced to a public instrument on the application of any of the following parties:
(1) A beneficiary under the will.
(2) One upon whom a duty is imposed by the will.
(3) The legal representation of any person included in the preceding two (2) clauses.
(4) A witness to the will.
History —Code Civil Proc., 1933, § 534.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2242/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2242 - Petition for recording
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2242 - Petition for recording
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The petition for recording such will as a public instrument shall be filed together with the note or memorandum, if any was taken, of the oral dispositions of the testator at the time they were made; the names of the witnesses to be examined; the name of the notary, if one was present at the execution of the will and for any reason failed to convert it into a public instrument; and a statement of the legal interest which the petitioner might have therein.
History —Code Civil Proc., 1933, § 535.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2243/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2243 - Summons for witnesses and notary
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2243 - Summons for witnesses and notary
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Upon the filing of a proper petition, the Court of First Instance shall issue summons commanding the witnesses and the notary, should there have been one at the execution of the will, to appear on a day and hour and at a place designated under penalty of being proceeded against as for contempt of court in case of failure to obey said summons.
History —Code Civil Proc., 1933, § 536.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2244/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2244 - Penalty for disobeying summons; disabled or absent witness
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2244 - Penalty for disobeying summons; disabled or absent witness
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If any witness or notary upon whom such summons has been served shall fail to obey, the judge shall issue an order for his arrest and proceedings shall be taken against him as for contempt of court. Whenever any witness is unable to appear because of sickness or infirmity, the petitioner may solicit the court to appoint a judge or secretary of the court or notary public to take his testimony on oath and over his signature. Whenever a witness shall be absent from the Commonwealth of Puerto Rico, he shall have the power to make his deposition in the manner provided for in subsections (2) and (3) of § 884 of Title 4. The witnesses and the said notary shall be examined separately, in order that neither may hear the testimony of the other.
History —Code Civil Proc., 1933, § 537.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2245/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2245 - Evidence of authority of notary and identity of witnesses
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2245 - Evidence of authority of notary and identity of witnesses
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Evidence of the authority of the notary and the identity of the witnesses must be produced if not personally known to the court.
History —Code Civil Proc., 1933, § 538.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2246/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2246 - Admission of will to probate
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2246 - Admission of will to probate
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The serious and deliberate intention of the testator to make his last will having been clearly and specifically established by competent evidence; that the witnesses and the notary, if there be one, have heard simultaneously from the mouth of the testator all the dispositions that he wished to make in his last will, whether expressed by word of mouth or whether by reading or causing to be read any note or memorandum in which it was contained; that the number of witnesses was such as required by law, according to the circumstances as to the time and place in which it was executed, and the testimony taken, shall admit the will of the testator to probate, without prejudice to the rights of strangers to the record, and shall order the proceedings to be entered of record. Where any discrepancy appears in the evidence of the witnesses, the judge shall approve as the will that in which all of said witnesses have been in conformity.
History —Code Civil Proc., 1933, § 539.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2247/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2247 - Proof of will when testator committed his wish to writing
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2247 - Proof of will when testator committed his wish to writing
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Where the testator’s wish shall have been committed to writing at the time of the making of the nuncupative will, the dispositions therein expressed shall be deemed to be the will of the testator: provided, all the witnesses agree that it is the same document that was written or presented at that time, even though none of them may recollect any of its provisions.
History —Code Civil Proc., 1933, § 540.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-191/2248/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248)›§ 2248 - Place of recording; filing of certified copy by notary
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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 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2248 - Place of recording; filing of certified copy by notary
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The recording shall be made in the office of the notary designated by the interested parties, or if they be not agreed as to the designation, the same shall be made by the judge of the court. Within the five (5) days following the date on which the recording is ordered, the notary designated to make such recording shall file with the Court of First Instance, free from the payment of scheduled fees on presentation of an order to that effect, to be issued by the judge on petition of the notary himself, a certified copy of the documents entrusted to his custody; Provided, That when said term lapses without the notary’s having complied with that obligation, any of the parties on whose petition a nuncupative will may be reduced to a public instrument may appear in court to petition that said requisite be complied with.
History —Code Civil Proc., 1933, § 541; Apr. 9, 1937, No. 20, p. 141.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2271/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2271 - Filing of sealed will with court
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2271 - Filing of sealed will with court
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Any person having in his custody or control any sealed will must file it with the part of the Court of First Instance where the testator resided at the time of his death, and such person may be required so to do on the application to said court of any person acquainted with the fact of its execution, or who has sufficient reason to believe that it was so executed.
History —Code Civil Proc., 1933, § 542; Aug. 9, 1998, No. 212, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2272/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2272 - Examination of envelope containing will
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2272 - Examination of envelope containing will
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The clerk of the court shall examine the envelope containing the will and shall make an entry as to its condition, detailing minutely the reasons, if any, for believing that it has been opened or that it has suffered any alteration, amendment, or erasure.
History —Code Civil Proc., 1933, § 543.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2273/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2273 - Signature of person presenting will
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2273 - Signature of person presenting will
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The person presenting the will shall also sign this entry with his name or mark, which shall be witnessed by one or more competent witnesses chosen by the clerk.
History —Code Civil Proc., 1933, § 544.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2274/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2274 - Summons to notary and witnesses; examination of witnesses
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2274 - Summons to notary and witnesses; examination of witnesses
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The clerk shall report to the court, who, after the death of the testator has been established, shall order that summons be issued to the officiating notary and to the testamentary witnesses not later than the following day. The witnesses having appeared, the sealed envelope shall be shown them for their examination and that they may declare under oath as to whether they recognize as genuine their signatures or marks thereon, and whether they find the same in the same condition as when they signed it. Where any of the witnesses do not know how to write and another person has signed for him, both persons shall be examined and the person signing shall identify the signature.
History —Code Civil Proc., 1933, § 545.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2275/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2275 - Proof of signature of absent or deceased witness
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2275 - Proof of signature of absent or deceased witness
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The signature of a witness who may be absent or deceased may be proved by any of the other witnesses present and also by two (2) persons acquainted with the signature of the witness and that of the testator.
History —Code Civil Proc., 1933, § 546.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2276/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2276 - Procedure in case of death of notary
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2276 - Procedure in case of death of notary
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In case of the death of the notary before whom the will was executed, the sign, signature, and rubric on the envelope or portfolio shall be compared by the judge, with the assistance of experts selected by him, with those placed on the copy which should exist in the special registry of sealed wills. The court may appoint a lawyer as referee to make the comparison, with the assistance of the experts designated by the judge. Where the execution of the will was made prior to the operation of notarial law, the comparison shall be made with other seals and signatures of the same notary acknowledged as genuine.
History —Code Civil Proc., 1933, § 547.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2277/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2277 - Evidence in case of death of notary and all witnesses
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2277 - Evidence in case of death of notary and all witnesses
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When the notary and all the witnesses have died, evidence must be furnished as to the date of their death, their repute in the community, and their places of residence at the time the will was executed.
History —Code Civil Proc., 1933, § 548.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2278/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2278 - Presence of next of kin at opening of will
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2278 - Presence of next of kin at opening of will
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The next of kin of the testator who may be presumed to have any interest in the matter may be present at the opening of the envelope and the reading of the will, but they shall not be permitted to make any opposition to the proceeding even though they may present a subsequent will.
History —Code Civil Proc., 1933, § 549.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2279/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2279 - Opening and reading of will
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2279 - Opening and reading of will
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Upon the termination of the foregoing proceedings, should it appear that all the formalities of law have been complied with and that the identity of the envelope shall have been established, the judge shall open the said envelope and shall read for himself the testamentary dispositions contained therein. The opening shall be suspended if on the same portfolio the testator has directed that it shall not be opened until a certain specified time, in which case the judge shall suspend the opening thereof until the time designated by the testator shall have arrived.
History —Code Civil Proc., 1933, § 550.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2280/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2280 - Recording of will
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2280 - Recording of will
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The judge, having read the testament, shall deliver the same to the clerk, who shall read it aloud unless the testator has directed therein that one or more clauses remain unpublished, in which case the reading shall be limited to the other clauses. The will having been read, the court shall make an order that it be recorded, with the record of the proceedings for the opening thereof, in the office of the notary who may have authorized its execution, and in default thereof in that of the notary designated by the court.
History —Code Civil Proc., 1933, § 551.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-193/2280a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a)›§ 2280a - Procedure for the formal registration of holographic wills
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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 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2280a - Procedure for the formal registration of holographic wills
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(1) Procedure after filing and proof of death.— After the holographic will has been filed and the death of the testator properly proven, the Court of First Instance shall proceed to the reading thereof in a public hearing and on the day and hour fixed therefor, within two (2) days at the latest, opening the same should it be a sealed will, and the judges of the court, together with the notary, shall affix their signatures on all its pages and shall immediately proceed to prove its identity by means of three (3) witnesses acquainted with the handwriting and signature of the testator, and who testify to the fact that they have no reasonable doubt that the will was handwritten and signed by the testator him/herself.
In the absence of competent witnesses, or if those examined have any doubts, and provided the Court of First Instance deems it proper, handwriting experts may be employed for the purpose of conducting a comparison.
(2) Summons to spouse and relatives.— In order to conduct the procedures mentioned in subsection (1), the surviving spouse, should there be one, the legitimate descendants and ascendants of the testator shall be summoned as soon as possible, and in the absence thereof, his/her brothers and sisters.
If said persons do not reside within the judicial district or if their existence is unknown or if they are minors or disabled individuals without legitimate representation, it shall be the prosecuting attorney who shall be summoned.
The persons summoned may be present while said procedures are being conducted and may orally make, at the time, such observations as they may deem proper with regard to the authenticity of the will.
(3) Action after justifying identity of will.— Should the Court of First Instance deem the identity of the will as justified, it shall order that the same be formally registered, with a certified copy of the process executed in the register of the notary appointed by the interested parties; said notary shall then issue such copies and attestations as may be proper which shall constitute sufficient title for the total or partial recording in the Property Registry of the real property of the inheritance. Should the interested parties fail to agree or if the notary appointed by them is disqualified for any of the reasons prescribed in the notarial law, the court shall then freely appoint a notary with an open office in the district.
Whatever the decision of the Court of First Instance, it shall be carried out notwithstanding any objection, but the rights of the persons interested in enforcing said rights in the corresponding proceeding shall be safeguarded.
History —Code Civil Proc., 1933, added as § 551A on Aug. 9, 1998, No. 212, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-195/2301/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 195 - Declaration of Heirship (§§ 2301 — 2302)›§ 2301 - Procedure for declaration of heirship
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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 195 - Declaration of Heirship (§§ 2301 — 2302) › § 2301 - Procedure for declaration of heirship
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In case of intestate succession, or of the nullity of a will, those who may have an interest in the inheritance may petition the Court of First Instance of the last domicile of the decedent, or of the place where his property is situated, for the issuance of the corresponding order of heir’s declaration.
(1) The petition shall state, under oath, the death of the person whose succession is claimed;
(2) that according to the best information and belief of the petitioner, who shall state the sources of such information and the grounds for such belief, the said decedent died without leaving a will; that due search and inquiry have been made and that none has been found, or if he left a will, that same has been declared void;
(3) the names and domiciles of persons who are entitled to the heirship or succession.
The judge to whom the petition has been presented shall examine in the shortest time possible the documental proof on which the petitioner based his grounds, and the negative certificate of the Registry of Wills of the Supreme Court, and from the result thereof, shall issue the proper order without the need of holding a hearing; or he may discretionally request additional proof or set a date for a hearing if he deems it proper. Said order shall be issued without prejudice to a third party, unless it relates to forced heirs.
When the heir’s declaration has been solicited in favor of a collateral relative within the sixth degree, if the judge has reason to believe that there exist other kin equally or less remote from the decedent and the value of the estate exceeds five thousand dollars ($ 5,000), the judge may, in his discretion, order the publication of notice announcing the death of the decedent and the names and degrees of kinship of those who claim the inheritance, and calling upon those who consider themselves equally or better entitled to such inheritance to make their appearance and file their claims within a fixed period. Such notices shall be published for a term fixed by order of the judge in a newspaper of general circulation published in the Commonwealth of Puerto Rico. Upon the expiration of the term designated in the notice, which term must be reckoned from the date of the last publication of the notice, the judge upon the acceptance of the proofs, shall make an order, as provided by law in such cases naming the persons entitled to the inheritance. Claimants who make their appearance in answer to the notice must set forth in writing and under oath their relationship with the decedent under whom they claim the right of inheritance, in the absence of any document establishing the same.
History —Code Civil Proc., 1933, § 552; July 23, 1974, No. 203, Part 2, p. 98.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-195/2302/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 195 - Declaration of Heirship (§§ 2301 — 2302)›§ 2302 - Trial of adverse claims
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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 195 - Declaration of Heirship (§§ 2301 — 2302) › § 2302 - Trial of adverse claims
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Persons filing claims adverse to the petitioner must file their answers containing specified statements of their claims against the petitioner and against each other. When the case is ready for trial, the judge shall, on the application of any party, set the hearing for a day and hour not less than five (5) nor more than eight (8) days thereafter. On the appointed day the judge shall hear the oral testimony, look into the evidence submitted by the claimants in person or by their attorneys, and shall, within six (6) days thereafter, pronounce judgment from which an appeal might be taken. Any claimant may make his appearance at any stage of the proceedings for the declaration of heirship, provided that the prosecution thereof shall not be delayed by such dilatory appearance. Final judgment having been rendered any claimant who has had no notice of the proceedings and did not appear therein and who has a well-founded right to the inheritance may establish and enforce his right against those who have been judicially declared heirs thereby.
History —Code Civil Proc., 1933, § 553.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-197/2331/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332)›§ 2331 - Testacy or intestacy
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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 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332) › § 2331 - Testacy or intestacy
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Whenever any person dies leaving property with or without making a will and testament, and without leaving a husband or wife living with such person, and without ascendants or descendants or collateral relatives within the fourth degree, the owner of the dwelling in which his death occurred or any other person with whom the decedent has lived must notify the nearest court of the fact aforesaid within the knowledge of said owner or person, and any person failing to comply with his duty shall be liable for any losses which, through the failure of complying with this proceeding, shall be occasioned to the estate of the decedent. If the existence of next of kin of the decedent be known and they shall be absent from the place without having left a duly empowered attorney, the court shall take the necessary measures for the burial of the decedent and for the security of his property, as well as for giving proper notice thereof to the said next of kin. Upon the appearance of the aforesaid next of kin, either in person or by duly empowered attorney a permanent administrator shall be appointed and the property and effects of the decedent shall be turned over to him.
History —Code Civil Proc., 1933, § 554.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-197/2332/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332)›§ 2332 - Appointment of custodian and administrator; escheat on failure of heirs
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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 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332) › § 2332 - Appointment of custodian and administrator; escheat on failure of heirs
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The court shall see that the property, papers, and other effects of the decedent susceptible of abstraction or concealment be deposited in a secure place and sealed, intrusting them to a responsible person under sufficient security, as temporary custodian thereof, and under inventory with power in respect to credits, properties, rents and products to collect, keep and maintain the same. The Court of First Instance shall, thereupon, appoint an administrator whose duty shall be, in addition to other duties imposed by law upon administrators, to begin proceedings for the purpose of ascertaining who are the heirs of the decedent according to §§ 2301 and 2302 of this title, and if they fail to appear, to turn over the balance of the estate remaining after the payment of the debts of the decedent and the expenses of the administration, to the Secretary of the Treasury of Puerto Rico. The Secretary of Justice shall be notified by the prosecuting attorney and shall be a party to all proceedings for the determination of heirs.
History —Code Civil Proc., 1933, § 555.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2361/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2361 - Petition for judicial administration
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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) › § 2361 - Petition for judicial administration
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The executor of the last will of a decedent, or in case that none has been appointed or if the decedent left no validly executed will, the surviving spouse of the decedent or any heirs at law or any person claiming as testamentary heir or legatee, or any unsecured creditor with written title, having a claim against the decedent, may, on a proper petition duly showing therein the necessary facts, apply for a judicial administration of the property of said decedent. Such petition shall be filed in the part of the Court of First Instance having jurisdiction over the last residence of the decedent or of the place where the greater part of his property is situated and shall set forth under oath:
(1) The death of the decedent.
(2) The particulars relating to his last will, including the date of the execution thereof and the office in which it was recorded; and in case such decedent shall have died intestate, it shall set forth that according to the best information and belief of the petitioner said decedent left no valid will, with the sources and grounds for such information and belief.
(3) The interest and cause of action of the petitioner.
(4) The names and respective residences of all other persons entitled to inherit in the estate of the decedent.
(5) That decedent left property subject to distribution, and the amount and nature of such property.
History —Code Civil Proc., 1933, § 556.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2362/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2362 - When judicial administration not decreed; secured creditors
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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) › § 2362 - When judicial administration not decreed; secured creditors
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Where a decedent shall have expressly prohibited by his will to the voluntary heirs and legatees of aliquot number a judicial administration of his estate and shall have made provisions for the appointment of one or more persons, empowering such persons as executors to partition the said estate, such judicial administration shall not be decreed.
Secured creditors and creditors whose claims shall be secured by the heirs independently of the estate of the decedent shall have no right to ask for a judicial administration.
History —Code Civil Proc., 1933, § 557.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2363/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2363 - When judicial administration necessary
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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) › § 2363 - When judicial administration necessary
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When all or none or more than one of the heirs are absent or have no legal representatives in the jurisdiction of the last place of residence of the decedent, or where the property is located, or when an heir or legatee is a minor or incapacitated and is not represented by his father or mother or by a tutor who has given the bond required by law, the judicial administration of the property of the testator shall be necessary.
History —Code Civil Proc., 1933, § 558.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2364/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2364 - Filing of petition for administration; summons of parties
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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) › § 2364 - Filing of petition for administration; summons of parties
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It shall be the duty of any executor, in the case last mentioned, to petition the part of the Court of First Instance of the domicile of the testator, or of the place where his property is situated, for a judicial administration, which said petition shall be accompanied with a certified copy of the will in which the executor is appointed. In default of a duly appointed executor, any one of the persons named in § 2361 of this title may file such petition. Upon the filing of the petition the judge shall proceed to summon the executor, if there be any, the surviving spouse and the other heirs and legatees, as well as all creditors of the estate, directing them to appear at a day, hour, and place designated, not less than eight (8) nor more than fifteen (15) days after the issuance of said summons, but should the said part of the Court of First Instance be in vacation, the petition shall not be filed until the next session.
History —Code Civil Proc., 1933, § 559.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2365/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2365 - Minors or incapacitated persons; service of summons; appointment of counsel
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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) › § 2365 - Minors or incapacitated persons; service of summons; appointment of counsel
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Where any of the parties is a minor or is incapacitated, such summons shall be served on their legal representatives, guardians, or on their father or mother. Where the legal representative, guardian, father or mother of the minor or incapacitated person has any interest in the inheritance or estate, in conflict with that of the minor or incapacitated person, counsel shall be appointed for the latter, upon whom all papers shall be served.
History —Code Civil Proc., 1933, § 560.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2366/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2366 - Service of summons
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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) › § 2366 - Service of summons
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Summons shall be served personally to the parties whose residence is known or who can be found. Summons shall be served pursuant to the provisions of Rule 4.4 of the Rules of Civil Procedure for the personal service of summons. The parties whose residence or whereabouts are unknown shall be summoned by publication according to the provisions of Rule 4.5 of the Rules of Civil Procedure for the summons by publication.
History —Code Civil Proc., 1933, § 561; July 19, 2006, No. 123, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2367/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2367 - Failure of parties to appear
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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) › § 2367 - Failure of parties to appear
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Where parties summoned by notice as aforesaid fail to make their appearance within twenty (20) days from the date of the last publication, the case shall be proceeded with as by default without further summons.
History —Code Civil Proc., 1933, § 562.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2368/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2368 - Temporary administrator; possession of personal property by marshal
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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) › § 2368 - Temporary administrator; possession of personal property by marshal
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Where there is no testamentary trustee, the judge may, pending the appointment of a permanent administrator, appoint a temporary administrator under sufficient bond to take charge of the properties and chattels of the decedent. In all cases where any of the persons mentioned in § 2361 of this title, who having the right to ask the judicial authorization shall bring to the attention of the judge that there exists personal or movable property, capable of being easily removed or concealed, the judge shall direct the marshal to take immediate possession of same, making an inventory thereof, and to deposit ad interim the said property with any responsible party, who may be one of the heirs, until a sufficiently bonded trustee can be appointed by the judge.
History —Code Civil Proc., 1933, § 563.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2369/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2370/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2371/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-199/2372/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-201/2401/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-201/2402/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-201/2403/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2431/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2432/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2433/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2434/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2435/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2436/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2437/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2438/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2439/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2440/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2441/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2442/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-203/2443/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-205/2471/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-207/2491/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2511/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2512/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2513/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2514/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2515/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-209/2516/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-211/2541/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-211/2542/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-211/2543/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-211/2544/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-211/2544-d-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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Notice This section has more than one version with varying effective dates. Second of two versions of this section.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-213/2571/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-215/2591/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-215/2592/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2621/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2622/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2623/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2624/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2625/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-i/chapter-217/2626/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2661/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2662/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2663/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2664/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2665/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-221/2666/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2671/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2672/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2673/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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(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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2674/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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(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.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-ii/chapter-222/2675/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 2675 - Taking testimony in another state
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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) › § 2675 - Taking testimony in another state
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(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in Puerto Rico for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken and submitted in the proceedings held in Puerto Rico.
(b) In a guardianship or protective proceeding, a court in Puerto Rico may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of Puerto Rico shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of Puerto Rico by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
History —Oct. 5, 2012, No. 296, § 6.
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