Many people in Puerto Rico die without children and without a spouse: a single aunt who took care of everyone, a brother who lived alone, a young son who died before his parents. In those cases, if there is no will, the inheritance passes to other relatives in a fixed order set by the Código Civil de Puerto Rico de 2020 (2020 Civil Code), which applies to deaths since November 28, 2020.
Keep the underlying rule in mind: a group of relatives inherits only if there is no one in the group before it. And ahead of all of them come the children, the grandchildren and the spouse. If the causante (the deceased person whose estate it is) was married, even without children, the spouse inherits everything and no one in this guide receives anything without a will. We explain this in who inherits without a will.
Parents and grandparents (second order)
If there are no descendants and no spouse, the ascendants inherit (Art. 1722):
- The parents inherit in equal shares. If one of them died earlier, or cannot or does not want to accept, the entire inheritance goes to the other (Art. 1723).
- If neither parent is living, the ascendants of the closest degree inherit, in equal shares (Art. 1723). In practice, the grandparents who are still living.
- There is no representation going upward. If the father died, the paternal grandparents do not take his place while the mother is living: she inherits everything (Art. 1613).
Javier, 34, single. Javier died without a will, without children and without a spouse. His parents are living. His estate is $80,000.
- With both parents living: $80,000 ÷ 2 = $40,000 for each.
- If his father had died earlier: his mother receives the full $80,000.
Grandparents on different sides. If Javier's parents had died before him, and he were survived by his maternal grandmother and his two paternal grandparents, all three would be in the same degree. With an estate of $90,000, under the text of Art. 1723 each would receive $90,000 ÷ 3 = $30,000. The 2020 Code does not first divide between the father's side and the mother's side.
Grandparents come before siblings. As long as any ascendant is living, the siblings do not inherit without a will, because collateral relatives come in only "in the absence of descendants, ascendants and a surviving spouse" (Art. 1724).
With a will, the parents have a forced share. If the causante had no descendants and no spouse, his or her parents (or ascendants) are forced heirs: half of the inheritance is reserved for them and the other half is free to dispose of (Arts. 1622 and 1623). See the legítima (forced share).
Siblings and nieces and nephews (preferred collateral relatives)
If there are no descendants, spouse or ascendants, the collateral relatives inherit. Collateral relatives are relatives who do not descend from one another but share an ancestor: siblings, nieces and nephews, aunts and uncles, cousins. Among them, siblings and nieces and nephews are preferred collateral relatives and come first (Art. 1725).
- Siblings inherit in equal shares.
- Nieces and nephews inherit by representation, that is, in place of the sibling who has died, and they divide that sibling's share (Arts. 1613 and 1725). This is the only case of representation in the collateral line.
Full siblings and half siblings
Under the text of the 2020 Code, they inherit the same. Art. 1725 says siblings inherit "in equal shares," without distinguishing between siblings who share both parents and half siblings (those who share only one parent). The 1930 Code did make a distinction: full siblings received twice as much as half siblings (Art. 906 of the 1930 Code).
We have not yet found a court decision that expressly confirms this change, so we present it as what the text says. If there are half siblings in your family and a significant amount is at stake, a consultation is a good idea.
Doña Iris and her siblings. Doña Iris died in 2025, single, without children, and her parents and grandparents had already died. She had three siblings who shared both parents (Ángel, Berta and César) and one half brother on her father's side (Daniel). César died before her and left two children. The estate is $200,000.
- Four equal shares, under the text of Art. 1725: $200,000 ÷ 4 = $50,000.
- Ángel, Berta and Daniel receive $50,000 each.
- César's two children represent him and divide his $50,000: $25,000 each.
Under the 1930 Code rule, which applies only to deaths before November 28, 2020, each full-sibling branch would have received about $57,142.86 and the half brother about $28,571.43.
If all the siblings died earlier, the nieces and nephews inherit "by right of representation" (Art. 1725). Under the text, the division would be by branches: each sibling's children divide the share that sibling would have received.
Aunts, uncles, cousins and other relatives up to the sixth degree
If there are no siblings or nieces and nephews, the collateral relatives closest in degree inherit, up to the sixth degree (Art. 1726). The relative of the closest degree excludes those further away. Among relatives of the same degree, the Code does not spell out how to divide; the usual reading is in equal shares.
How degrees are counted
You count one generation for each step from the causante up to the common ancestor, and then one more for each step down to the relative (Art. 374). For example, for a first cousin: causante → parent → grandparent (2 steps) and grandparent → aunt or uncle → cousin (2 steps) = fourth degree.
| Degree | Collateral relatives |
|---|---|
| 2nd | Siblings |
| 3rd | Nieces and nephews, aunts and uncles |
| 4th | First cousins, grandnieces and grandnephews, great-aunts and great-uncles |
| 5th | Children of first cousins and the parents' first cousins |
| 6th | Second cousins |
Nieces and nephews and aunts and uncles are in the same degree, but nieces and nephews come first, because they are preferred collateral relatives (Art. 1725).
Don Ángel, with no close family. Don Ángel died without a will. He had no children, spouse, parents, grandparents, siblings, nieces or nephews. He is survived by an uncle, his mother's brother (third degree), and two first cousins (fourth degree), children of another uncle who has died.
The uncle inherits everything, because he is in a closer degree. The cousins receive nothing: there is no representation among these relatives (Art. 1613).
More steps when distant relatives inherit. In a declaratoria de herederos (declaration of heirs) before a notario (in Puerto Rico a notary is an attorney) in favor of collateral relatives, if the property is worth more than $5,000, a notice (edicto) must be published once in a newspaper of general circulation, and anyone who believes they have an equal or better right has 15 days to make a claim. In the court route, the judge may order it at his or her discretion. See declaration of heirs.
When there is no one: the People of Puerto Rico
If there are no relatives within the sixth degree, the People of Puerto Rico (Pueblo de Puerto Rico) inherit (Art. 1727). This requires a court declaration of heirs; this route cannot be handled before a notary. As a general rule, the property goes to the University Fund (Fondo de la Universidad). Agricultural land goes to the government entity that manages that land. A property declared a public nuisance (estorbo público) may pass to the municipality if the University of Puerto Rico, formally notified, does not show interest within 5 months.
If you want your property to go to someone in particular, such as a friend, a godchild, a church or a nonprofit organization, the only sure way is a will. With no forced heirs, you can dispose of everything (Art. 1623). See how to make a will.
Frequently asked questions
Do the siblings inherit if the deceased was married but had no children?
Not without a will. A spouse with no descendants inherits everything, and the siblings come in only if there are no descendants, spouse or ascendants (Art. 1724). The causante could have left them something from the free portion in a will.
Does a half sibling inherit less?
Under the text of the 2020 Code, no: siblings inherit in equal shares (Art. 1725). For deaths before November 28, 2020, under the 1930 Code, a half sibling received half of what a full sibling received.
Do nieces and nephews inherit if all the siblings are living?
No. Nieces and nephews inherit only in place of a sibling who died earlier, was declared unworthy or refused the inheritance. As long as their father or mother is living and accepts, he or she is the one who inherits.
What if some relatives live outside Puerto Rico?
They inherit the same as those who live here. They can sign through a power of attorney and take part in the procedures from a distance. See heirs living outside Puerto Rico.
Can I work out who inherits in my case?
Yes. The intestate share calculator shows you the order and the shares under the 2020 Code. Use it as guidance: cases with half siblings, representation or distant relatives deserve a professional review.
Sources
- Código Civil de Puerto Rico de 2020 (Ley 55-2020), Arts. 372–374, 1611–1617, 1622–1623 y 1719–1727, compilación de OGP. bvirtualogp.pr.gov
- Código Civil de Puerto Rico de 1930 (derogado), Arts. 898–913. bvirtualogp.pr.gov
- Oficina de Inspección de Notarías, "Asuntos No Contenciosos Ante Notario" (Reglas de la Resolución ER-2011-03). bvirtualogp.pr.gov
- Ley 282-1999 sobre asuntos no contenciosos ante notario. bvirtualogp.pr.gov
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.
