Children come first in inheritance in Puerto Rico, together with the surviving spouse (see who inherits without a will). But family life is rarely simple: there are children from different relationships, adopted children, children who died before their parents, grandchildren, stepchildren raised as one's own and children who were never acknowledged. This guide explains how the law treats each situation under the Código Civil de Puerto Rico de 2020 (2020 Civil Code), which applies to deaths since November 28, 2020.
All children are equal
There are no first-class and second-class children. "All children have the same rights and the same obligations with respect to their parents" (Art. 555). Among those rights is "to share in the inheritance of each parent" (Art. 558).
- Children born in and outside marriage inherit exactly the same.
- Children from different relationships inherit the same from the father or mother they have in common.
- Adopted children are children "for all legal purposes" (Art. 587). Parentage can arise through a genetic link, assisted reproduction or adoption (Art. 556).
Adoption generally cuts the ties with the biological family. The adoption decree ends the legal relationship with the previous family (Art. 587), so the adopted child normally stops inheriting by law from their biological parents. There are exceptions: for example, when the adoptive parent is the spouse of the child's father or mother, the ties with the other side of the family are kept (Art. 588).
Don Miguel's children. Don Miguel died in 2024 without a will. He was married to Lucía. He had three children: Andrés, from his marriage to Lucía; José, born of an earlier relationship; and Sofía, whom he adopted with Lucía. His estate, after setting aside Lucía's half of the community property, is $160,000.
Heirs: Lucía, Andrés, José and Sofía, in equal shares. $160,000 ÷ 4 = $40,000 each. Pedro, the son Lucía had before she married and whom Don Miguel raised, does not inherit by law (see the section on stepchildren).
The right of representation
What happens if a child died before their father? That child's own children (the grandchildren of the causante, the deceased person whose estate it is) inherit in their place. This is called the right of representation (derecho de representación): descendants inherit "in the place and in the degree of their ascendant" and receive what that person would have received (Art. 1611).
When it applies
Representation works when the child called to inherit (Art. 1612):
- died before the deceased;
- was declared unworthy or incapable of inheriting;
- was disinherited (see disinheritance and unworthiness); or
- refused the inheritance.
How it is divided: by branch
The group of grandchildren receives the same amount their father or mother would have received. The division is made by branch (por estirpes), that is, by family lines: each branch receives the share of the child it represents, and within the branch that share is divided among its members (Art. 1614). A grandchild never receives more than their parent would have received.
Only downward, and among collateral relatives only for nieces and nephews. Representation happens in the line of descendants, never upward to parents or grandparents. Among collateral relatives, it works only in favor of a sibling's children (Art. 1613).
A child who died earlier. Don Miguel, now a widower, leaves an estate of $210,000 and three children: Ana, Beatriz and Carlos. Carlos died two years before his father and left two children.
- Three branches: $210,000 ÷ 3 = $70,000 per branch.
- Ana receives $70,000 and Beatriz $70,000.
- Carlos's two children split his $70,000: $35,000 each.
When all the children died earlier. The Code says the grandchildren inherit "by representation" (Art. 1721), so, according to its text, the division is still by branch. If one deceased child left one grandchild and another left three, and the estate is $120,000, the only grandchild would receive $60,000 and each of the other three, $20,000.
If a child refuses, their children can inherit
Refusing (repudiar) means formally giving up an inheritance, by public deed or by a filing with the court. It can make sense, for example, if the child wants their share to go directly to their own children. See accepting or refusing an inheritance.
This changed in 2020. Under the 1930 Code, "whoever refuses closes the door for themselves and their branch": if a child refused, their children received nothing either (Art. 886 of the 1930 Code). Under the 2020 Code, the children of someone who refuses can represent them (Arts. 1612(d) and 1615).
Beatriz refuses. In the previous example, Beatriz refuses her father's inheritance. She has three children, who represent her and split her $70,000: about $23,333.33 each. If Beatriz had no descendants, her share would be added to that of the other heirs of the same degree (Art. 1617).
A useful detail in Art. 1615. You can represent a parent whose own inheritance you refused. If a grandchild refused their father's inheritance, for example because it had a lot of debts, they can still represent him in the grandfather's inheritance.
With a will, too. Under the 1930 Code, representation did not apply to heirs named in a will. The 2020 Code applies it "in both testate and intestate succession" (Art. 1611). For deaths before the new Code took effect, the courts still apply the old rule.
Parentage after death
What if the child was never acknowledged? A child can ask the court to declare that they are the child of their father or mother. If the parent has already died, the claim is brought against the parent's heirs and, as a general rule, within 2 years of the death (Art. 561). There are two exceptions:
- If the child was a minor or legally incapacitated when the parent died, they have 4 years from reaching adulthood or the end of the guardianship.
- If a document turns up after the death, or other physical evidence in which the parent expressly acknowledges the child, the child has 1 year from finding it or learning of it.
After those deadlines, the claim expires (caduca) (Art. 562). In these cases, reliable scientific evidence, such as genetic testing, is preferred (Art. 566).
The heirs can also acknowledge the child. If the parent has died, the right and the duty to acknowledge the child pass to the parent's heirs, and they can do so even after the claim has expired (Art. 559).
What if the estate has already been divided? The acknowledged child can claim their share through an action to claim the inheritance (petición de herencia), which does not expire, although another person may have acquired specific assets through the passage of time (Art. 1593). If the child was left out of the partition through bad faith or fraud, they can ask for it to be annulled or corrected (Art. 1804). That is why, in the declaratoria de herederos (declaration of heirs), the family swears that no known heir has been left out.
Stepchildren do not inherit by law
Raising a stepchild as your own does not make them an heir. Inheritance without a will goes to descendants in the direct line (Art. 1720), and stepchildren are not descendants: the relationship with them is by marriage, not by blood or adoption. They are not forced heirs either.
There are two ways to include them:
- Adoption during life. An adopted stepchild becomes a child for all purposes and keeps their ties with the family of their other parent (Art. 588).
- A will. The stepparent can leave them property from the free portion (parte libre), or from the entire estate if there are no forced heirs. See the forced share and how to make a will.
Frequently asked questions
Does a child born outside marriage inherit the same as the others?
Yes. All children have the same rights (Art. 555), as long as parentage is established, whether by acknowledgment, by legal presumption or by a court judgment.
Do grandchildren inherit if their parent is alive?
Not as a general rule. As long as the child is alive and accepts the inheritance, the child is the one who inherits. Grandchildren step into their place only if the child died earlier, was declared unworthy, was disinherited or refused (Art. 1612). A grandparent can, however, leave them something in a will.
Does an adopted child inherit from their biological parents?
Usually not, because adoption ends the legal ties with the biological family (Art. 587). The most common exception is adoption by the spouse of the father or mother, where the ties with the other side of the family are kept (Art. 588).
What happens if one of the heirs is a minor?
The minor inherits just like an adult, but their parents or guardian manage the property and need court authorization for certain decisions, such as selling real estate. See minors as heirs.
How long do I have to claim that I am the child of someone who died?
As a general rule, 2 years from the death, with the exceptions in Art. 561: 4 years from reaching adulthood if you were a minor when the parent died, or 1 year from when a document turns up in which the parent acknowledged you. If you are close to those deadlines, consult an attorney as soon as possible.
Sources
- Código Civil de Puerto Rico de 2020 (Ley 55-2020), Arts. 555–566 y 587–588, compilación de OGP. bvirtualogp.pr.gov
- Código Civil de Puerto Rico de 2020, Arts. 1593, 1611–1617, 1720–1721 y 1804. bvirtualogp.pr.gov
- Código Civil de Puerto Rico de 1930 (derogado), Art. 886. bvirtualogp.pr.gov
- Gómez Pérez y Alemán Rivera, "Derecho de Sucesiones", 91 Rev. Jur. UPR 561 (2022). derecho.uprrp.edu
CaudalRelicto.com is an independent guide. It is not Puerto Rico's Departamento de Hacienda, the courts or any government agency. This page is general information, not legal advice from an attorney who knows your case. Names and figures in examples are hypothetical. Found an error? Tell us.
