Guide verification
What we verified in “Inheriting a home in Puerto Rico from the states”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
17 checked statements Verified on October 31, 2026 12 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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Under Puerto Rico's Civil Code, succession is governed by the law of the decedent's domicile at death; the forced-share (legítima) rules apply to every real property of the decedent located in Puerto Rico; the court distributes the assets under the applicable law or laws, wherever they are; possession, ownership and other property rights are governed by the law of the place where the property is located; and a will is valid in form if it meets the law of Puerto Rico, of the place where it was made, or of the testator's domicile when it was made.
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Under the Real Property Registry Act, to record a document executed outside Puerto Rico, the act must be lawful under Puerto Rico's laws; the parties must have capacity under the laws of the place where it was executed; if it affects property of minors or incapacitated persons, Puerto Rico's laws must be followed; the document must be legalized by the competent authority of the place where it was executed and meet the requirements to authenticate it in Puerto Rico; and a notary in Puerto Rico must protocolize it, if no court process is required for it to take effect.
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Under the Notarial Act, every notarial document executed outside Puerto Rico must first be protocolized to have the effect of a public instrument, and the notary charges the same fees as if it had been executed in Puerto Rico.
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Under the Civil Code, a power of attorney needs no special form, but it must be in a public instrument if it is for an act that must be done in a public instrument; powers to administer property must be in an authentic document; a power written in general terms covers only acts of administration; and selling, mortgaging or encumbering property requires a power that expressly authorizes it.
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Under the Notarial Act, the notary is the legal professional who exercises a public function, authorized to attest to and authenticate the legal transactions done before them; their role is to receive and interpret the parties' wishes, give them legal form and draft the deeds and notarial documents.
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According to Puerto Rico's Treasury (Hacienda), the estate tax return (planilla de caudal relicto), known as the inheritance return, reports the decedent's assets as of the date of death, wherever they are; it must be filed for people who were Puerto Rico residents at death and also for nonresidents who owned property in Puerto Rico; it is filed and signed by the administrator or anyone holding estate assets, such as the widow or widower, the heirs, the executor or their representative; and Hacienda issues the Lien Certificate, known as the Release (Relevo), which is needed to record the property in the heirs' names, to sell or refinance it and to receive bank accounts and other assets.
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According to Hacienda, the return form depends on the decedent's date of death, and the return is not considered filed if the wrong form is used; if there is real property, the special tax debt is checked with the decedent's Social Security number and the cadastral number; and the filing includes, among other things, the death certificate, a $25 internal revenue voucher, bank statements, a CRIM certification that the property owes no taxes and a Hacienda certificate that the decedent owed none.
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According to Hacienda's Administrative Determination 18-09, under Section 2021.01(d) of the Internal Revenue Code, the assets of any decedent, resident of Puerto Rico or not, who died after December 31, 2017 are not subject to any estate transfer tax; for those cases, the administrator must file under oath an informational return, Form SC 2800 C, within the 12 months after the death, completed in all its parts, including the detail of each asset, its adjusted basis and how the decedent acquired it; and issuing the Release may carry a fee of no more than $25.
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According to Administrative Determination 18-09, the Internal Revenue Code creates a preferred lien in favor of the Government of Puerto Rico on the estate's assets for the decedent's taxes, including property taxes; Hacienda issues the Release only if it is shown that the decedent had no tax debts at death, and those debts include ones in a payment plan with Hacienda or CRIM; if the debts are under administrative or court review, it issues a Conditional Release with a bond; and if there are debts not under review, it may issue a Conditional Authorization to sell or finance the property to pay the taxes, if the value left subject to the lien is at least twice what is owed.
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According to Hacienda's Internal Revenue Circular Letter 18-19, all estate transactions, including the Release request, are done only electronically in the Unified Internal Revenue System (SURI); they are reported by the estate's administrator, who can be a forced heir, the surviving spouse, the executor or partitioner named in the will, or a court-appointed administrator; and the administrator must register and have a taxpayer account in SURI, even without income.
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Under the Municipal Code, anyone who acquires a property, including by inheritance, must report the change of owner to CRIM on its form within the 30 days after, even if the transaction was already filed with the Registry; anyone who does not is liable for bills issued in the previous owner's name, with interest, surcharges and penalties, and for the tax lien on the property.
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Under the Municipal Code, when settling a decedent's assets, the property taxes those assets owe come before any other debt; no executor or administrator may divide or distribute the assets until all overdue taxes are paid; and no registrar may record the adjudication or partition of a decedent's property if current taxes have not been paid.
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Under the Municipal Code, a property owned in common by several people, such as an estate, counts as one home for the exoneration, which is granted to any owner who lives there and has no exoneration elsewhere; and a house is residential if on January 1 its owner or the owner's family uses it as a home, as long as the owner receives no rent.
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According to the Department of Housing, to request authorization to sell, refinance or mortgage a property with restrictive conditions from the former CRUV, in case of death you submit the death certificate and the declaration of heirs or the court resolution, plus the CRUV deed, a recent title study and the CRUV mortgage balance.
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According to the IRS, the proceeds from selling inherited property are generally included in gross income; to know whether the sale is taxable, you first find the basis, which for inherited property is generally its fair market value on the date of the decedent's death, whether or not an estate tax return (Form 706) is filed; if you sell for more than that basis, you have a taxable gain; and the sale is reported on Schedule D (Form 1040) or Form 8949.
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According to IRS Publication 570, a U.S. citizen who is not a bona fide resident of Puerto Rico generally files a Puerto Rico return with only their Puerto Rico-source income and a federal return with their worldwide income, and can generally claim a foreign tax credit for the income tax paid to Puerto Rico on that income; and the source of gain from selling real property is generally determined by where the property is located.
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According to the IRS, the federal estate tax is a tax on the right to transfer property at death; the gross estate includes everything the person owned or had certain interests in at death, such as cash, securities, real estate and insurance; a return (Form 706) must be filed only if the gross estate, with certain adjustments, exceeds the filing threshold for the year of death; and most relatively simple estates do not have to file one.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Código Civil de Puerto Rico de 2020 (Act 55 of June 1, 2020, as amended) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 2. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Ley del Registro de la Propiedad Inmobiliaria del Estado Libre Asociado de Puerto Rico (Act 210-2015, as amended) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 3. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Ley Notarial de Puerto Rico (Act 75 of July 2, 1987, as amended) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 4. Government of Puerto Rico, Office of Management and Budget (Virtual Library) · Código Municipal de Puerto Rico (Act 107-2020, as amended) · bvirtualogp.pr.gov · Accessed October 31, 2026
- 5. Puerto Rico Department of the Treasury (Hacienda) · Planillas de Contribución sobre Caudal Relicto · hacienda.pr.gov · Accessed October 31, 2026
- 6. Puerto Rico Department of the Treasury (Hacienda) · Pasos a seguir para solicitar una Certificación de Gravamen (Relevo) · hacienda.pr.gov · Accessed October 31, 2026
- 7. Puerto Rico Department of the Treasury (Hacienda) · Determinación Administrativa Núm. 18-09: estates of decedents who died after December 31, 2017 · hacienda.pr.gov · Accessed October 31, 2026
- 8. Puerto Rico Department of the Treasury (Hacienda) · Carta Circular de Rentas Internas Núm. 18-19: moving estate transactions to SURI · hacienda.pr.gov · Accessed October 31, 2026
- 9. Puerto Rico Department of Housing · Adquisición y venta de propiedades · vivienda.pr.gov · Accessed October 31, 2026
- 10. IRS · Gifts & inheritances (frequently asked questions) · irs.gov · Accessed October 31, 2026
- 11. IRS · Publication 570, Tax Guide for Individuals With Income From U.S. Territories · irs.gov · Accessed October 31, 2026
- 12. IRS · Estate tax · irs.gov · Accessed October 31, 2026