When a person dies without having made a will, the family usually asks the same question: who inherits now? In Puerto Rico, the answer does not depend on who cared for the deceased or on what they "always said," but on a fixed order set by the Civil Code. This is called sucesión intestada (intestate succession), meaning the inheritance is divided according to the law because there is no will (or because the will that existed is not valid or does not cover everything, Art. 1719).
In this guide we will use a few words you will hear often. The causante is the person who died (the deceased person whose estate it is). The sucesión is the group of heirs (the estate). The caudal relicto is the set of property, rights and debts the deceased leaves behind (the decedent's estate).
First: which code applies?
Everything depends on the date of death. The Código Civil de Puerto Rico de 2020 (2020 Civil Code) took effect on November 28, 2020. If the deceased died on that date or later, the rules in this guide apply. If they died earlier, the 1930 Civil Code applies, which had a different order and gave the surviving spouse only a usufruct (Art. 1816). We explain the differences in 2020 Civil Code vs. the 1930 Code.
Preliminary step: setting aside the spouse's half
If the deceased was married under the sociedad legal de gananciales (community property regime), that partnership has to be settled before the inheritance is divided. What remains after paying the joint debts is divided in half between the two spouses (Art. 539). The widow's or widower's half is theirs in their own right: it is not an inheritance. Only the other half, plus the deceased's separate property, makes up the estate that is divided. We explain this in detail in community property and inheritance.
The order of heirs
The Code organizes heirs into four "orders." An order comes in only if there is no one in the one before it.
| Order | Who inherits | How it is divided | Articles |
|---|---|---|---|
| 1st | Children and other descendants, together with the surviving spouse | Children and spouse in equal shares; grandchildren take the place of a child who has died | 1720–1721 |
| 2nd | Parents and, if there are none, grandparents and other ascendants | In equal shares | 1722–1723 |
| 3rd | Siblings and nieces and nephews; then other collateral relatives up to the sixth degree | Siblings in equal shares; nieces and nephews by representation; after that, the closest degree | 1724–1726 |
| 4th | The People of Puerto Rico (Pueblo de Puerto Rico) | Requires a court declaration of heirs | 1727 |
First order: children and spouse, in equal shares
The spouse counts as one more child. Art. 1721 says that the children of the deceased and the cónyuge supérstite (the surviving spouse) "inherit from them in equal shares." If there is a spouse and three children, the inheritance is divided into four equal parts. All children count equally, whether born within marriage, outside marriage or adopted.
Grandchildren inherit in place of their father or mother. If a child died before the deceased, or refused the inheritance, that child's children take their place and divide what would have gone to their parent. This is called the right of representation (derecho de representación) (Arts. 1611–1614). We explain it in children, grandchildren and representation.
If there is a spouse and no descendants, the spouse inherits everything. This is one of the most important changes in the 2020 Code. The deceased's parents inherit only "in the absence of descendants and of the surviving spouse" (Art. 1722). Many families still believe that the in-laws share the inheritance with the surviving spouse; under the 2020 Code, that is not the case.
Second order: parents and grandparents
If the deceased had no children, grandchildren or spouse, their parents inherit in equal shares. If one of them died earlier or cannot or does not want to accept, everything goes to the other. If neither is living, the ascendants of the nearest degree inherit (usually the grandparents), also in equal shares (Art. 1723).
Third order: siblings, nieces and nephews, and other relatives
If there are no ascendants either, the collateral relatives inherit, meaning relatives who do not descend from one another but share a common ancestor. Siblings come first, in equal shares, and nieces and nephews inherit by representation in place of a sibling who is missing (Art. 1725). If there are no siblings or nieces and nephews, the nearest collateral relatives by degree inherit, up to the sixth degree (Art. 1726): aunts and uncles, first cousins, second cousins and others. We go into these cases in parents, siblings and other relatives.
Fourth order: the People of Puerto Rico
If there is no relative with a right to inherit, the People of Puerto Rico (Pueblo de Puerto Rico) inherits. A court declaration of heirs is required, and the property goes, as a general rule, to the University Fund (Fondo de la Universidad) (Art. 1727).
Worked examples
Doña Carmen, a widow with three children. Don Ernesto died in 2024 without a will. He was married to doña Carmen under community property and they had three children. Their community property was a house valued at $240,000 and savings of $60,000, for a total of $300,000. He had no separate property and no debts.
- The community property is settled: $300,000 ÷ 2 = $150,000 for doña Carmen, in her own right.
- Don Ernesto's estate is the other half: $150,000.
- Heirs: doña Carmen and the three children, four equal shares. $150,000 ÷ 4 = $37,500 each.
Result: doña Carmen has $187,500 in total ($150,000 from her half plus $37,500 in inheritance). Each child receives $37,500.
Luis, married with no children. Luis died without a will. He was married to Marta and had no children. His parents are living. His estate, after setting aside Marta's community property half, is $90,000.
Because there is a spouse and no descendants, Marta inherits the full $90,000. Luis's parents do not inherit, because the second order comes in only when there are neither descendants nor a spouse (Art. 1722).
Doña Rosa, single with no children. Doña Rosa never married, had no children, and her parents and grandparents died before her. She had three siblings: two are living and the third died before her, leaving two children. Her estate is $120,000.
- The siblings inherit in equal shares, and the sibling who died is represented by his children: three shares of $120,000 ÷ 3 = $40,000.
- Each living sibling receives $40,000.
- The two nephews and nieces split their father's $40,000: $20,000 each.
How much each person gets, in fractions
| Who survives | Spouse | Each child |
|---|---|---|
| Spouse and 1 child | 1/2 | 1/2 |
| Spouse and 2 children | 1/3 | 1/3 |
| Spouse and 3 children | 1/4 | 1/4 |
| Spouse and 4 children | 1/5 | 1/5 |
| Spouse only | Everything | — |
| Children only | — | Equal shares |
The fractions apply to the deceased's estate, after setting aside the spouse's community property half and paying the debts.
Calculate your case
You can try your own situation with the calculator. If the deceased was married under community property, the calculator lets you set aside the spouse's half first.
What now? The declaration of heirs
Knowing who inherits is not enough to move an account or sell a house. When there is no will, you need a declaratoria de herederos (declaration of heirs): a document, made before a notary or a court, that officially recognizes who the heirs are. A notario in Puerto Rico is an attorney authorized to attest to documents, and can handle the declaration if there is no dispute (Ley 282-1999). We explain the process in declaration of heirs.
Inheriting does not mean taking on all the debts. Under the 2020 Code, each heir is liable for the deceased's debts only up to the value of what they receive (Art. 1587). See debts of the deceased.
Frequently asked questions
Do the deceased's parents inherit anything if there was a wife but no children?
No, if the death occurred on or after November 28, 2020. A spouse with no descendants inherits everything, and the parents come in only when there are neither descendants nor a spouse (Art. 1722). For earlier deaths, under the 1930 Code, the order was different.
Does a partner they lived with, without marrying, inherit?
Not by law. Unmarried partners are not among the heirs when there is no will. They can receive something only if the deceased left it to them in a will. See unmarried partners and inheritance.
Do children from a first marriage inherit the same as those from a second?
Yes. All children have the same rights, regardless of whether they were born within or outside marriage, which relationship they were born from, or whether they were adopted (Arts. 555 and 587). Stepchildren, on the other hand, do not inherit by law.
What happens if an heir does not want their share?
They can refuse it by public deed or by a written filing with the court. If they have children, those children can take their place by representation (Arts. 1612 and 1615); if not, their share increases the shares of the other heirs of the same degree (Art. 1617). See accepting or refusing an inheritance.
How far does inheritance without a will reach among relatives?
Up to collateral relatives in the sixth degree, such as second cousins (Art. 1726). If there is no one within that limit, the People of Puerto Rico inherits (Art. 1727).
Sources
- Código Civil de Puerto Rico de 2020 (Ley 55-2020), Arts. 1611–1617 y 1719–1727, compilación de OGP. bvirtualogp.pr.gov
- Código Civil de Puerto Rico de 2020, Arts. 539, 1816 y 1820. bvirtualogp.pr.gov
- Código Civil de Puerto Rico de 1930 (derogado), Arts. 893–913. bvirtualogp.pr.gov
- Ley 282-1999 sobre asuntos no contenciosos ante notario. 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.
