Puerto Rico has conjugal partnership (a form of community property) laws. Therefore,
in applying the laws of intestacy we need to consider whether the conjugal partnership
or the decedent alone owned the property in question.
Generally, property owned by one spouse before marriage, or obtained by one spouse
through gift/bequest during marriage, belongs to that spouse only. Generally, property
purchased during the marriage with partnership property or obtained through the work
of either spouse belongs to the conjugal partnership.
If the property was owned by the conjugal partnership, then at the death of one of
the spouses, the partnership dissolves and the surviving spouse owns one-half of the
conjugal property, and the intestacy laws control the other half. If the decedent
solely owned the property, then the intestacy laws have bearing on the entire property.
1. If there is a surviving Spouse
The property owned solely by the decedent, and one-half of the conjugal property is
distributed as follows:
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a.
If there is one surviving descendant (e.g., child, grandchild), then the surviving
spouse is entitled to one-third of the intestate estate in usufruct. The descendant
inherits the remaining two-thirds of the estate outright and full title to the other
one-third of the estate on the death of the surviving spouse. Usufruct is a form of
life estate. It grants the recipient the right to use or enjoy the assets in question
during life, but the recipient may not bequeath those assets at death.
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b.
If there is more than one descendant, the spouse is entitled to a share equal to that
which corresponds to each one of the spouse's children or descendants, with the spouse
taking the spouse's own share in usufruct and the descendants taking the remaining
estate outright and full title to the usufruct share on the death of the surviving
spouse. The descendants take their shares by representation, which is defined as per stirpes (proportionally divided between beneficiaries according to their deceased ancestor’s
share).
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c.
If there are no surviving descendants, but there are surviving ascendants (e.g. parents,
grandparents), then the surviving spouse gets one-third of the intestate estate in
usufruct and the ascendants inherit the remaining two-thirds of the estate outright
and full title to the other one-third of the estate on the death of the surviving spouse.
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d.
If there are no surviving descendants or ascendants, but there are surviving brothers,
sisters, nieces or nephews, then the surviving spouse gets one-half of the intestate
estate in usufruct and the siblings or nieces or nephews inherit the remaining one-half
of the estate outright and full title to the other one-half of the estate on the death
of the surviving spouse.
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e.
If there are no surviving descendants, ascendants, brothers, sisters, nieces or nephews,
then the surviving spouse takes the entire intestate estate outright.
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f.
Additional laws apply if the surviving spouse is pregnant or if the decedent has been
married twice .
2. If there is no surviving spouse
The property owned solely by the decedent, and one-half of the conjugal property is
distributed as follows:
-
a.
To the decedent’s descendants, with the children taking in equal shares and the other
descendants taking by representation.
-
b.
To the decedent’s ancestors (e.g., parents, grandparents).
To the decedent’s brothers and sisters, and children of deceased brothers and sisters.
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c.
To the decedent’s uncles, aunts, cousins.
3. Commonwealth of Puerto Rico
If there is no taker under any of the above provisions, the intestate estate passes
to the Commonwealth of Puerto Rico.