P.R. Laws tit. 32, § 2280a

2019-02-20 00:00:00+00
§ 2280a. Procedure for the formal registration of holographic wills

(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.