After the death of a person, the inheritance can be accepted in two ways: pure and simple, or with benefit of inventory. However, any heir has the option to "renounce" or "repudiate" the inheritance if he or she so desires.

Repudiation, like acceptance, is a completely voluntary and free act. It is important to note that repudiation cannot be partial, in installments, or conditional.

Benefits of Inheritance Repudiation

Under the previous Civil Code (prior to November 27, 2020), the repudiated part of the inheritance accrued to the co-heirs. However, since November 28, 2020, according to the new Civil Code, the descendants (children) have the right to inherit in the place and degree of their ascendant (father or mother) and to receive the part of the inheritance that would accrue to the repudiator.

To determine which Civil Code applies, it is crucial to know the date of death.

Creditor Protection

If necessary, creditors (e.g., banks) may be able to prevent the repudiation of the inheritance. For example, if an individual repudiates the inheritance to the detriment of the creditors, the creditors may apply to the Court to be authorized to accept the inheritance on their behalf. This allows the creditors to receive the assets necessary to satisfy their claims, while the difference will go to the other heirs, but not to the repudiator.

Cancellation of Repudiation

The repudiation of inheritance, like the acceptance, is irrevocable and can only be challenged in case of vices of consent or if an unknown will appears.

Repudiation Procedure

The repudiation of inheritance must be done by deed or by motion filed with the Court. We can handle any of these alternatives even if you are outside of Puerto Rico.

Requirements

To prepare the deed of repudiation of inheritance, we will need the following documents: Death Certificate of the deceased, Birth Certificate of the heir, Declaration of Heirs (if available) or Will of the deceased, and property deeds if any.

Just in case, for a general explanation of the inheritance process, you can go to our page on Inheritance Transfer.

Finally, if there were real estate properties of the deceased, the deed of repudiation must be filed with the Land Registry. For this reason, it is essential that, in order to evaluate your case, we must have a copy of the deed(s) of the property(ies), if any.

Conclusion

At Abogado Notario Online we take care of processing all these documents to facilitate the inheritance repudiation process. To get started, simply fill out the FORM below. Otherwise, if after reading this page you have any doubts or questions, you can fill out the Contact Us form.