After a person dies, the inheritance may be accepted outright or with benefit of inventory. On the other hand, any of his heirs may "renounce" or "repudiate" the inheritance.

Repudiation, like acceptance, is an entirely voluntary and free act. Repudiation cannot be made partially, neither in installments nor conditionally.

Who benefits from the repudiation of inheritance?

Under the previous Civil Code (prior to November 27, 2020), the share of the one who repudiated the inheritance accrued to the co-heirs.

However, as of November 28, 2020, the new Civil Code provides that descendants (i.e., children) are entitled to inherit in the place and to the degree of their ascendant (i.e., their parent) and to receive the inheritance that would be due to the repudiator.

The essential to know which Civil Code applies, the previous one or the one of 2020, is the date of death.

Can a creditor avoid repudiation of inheritance?

Yes, when a person repudiates the inheritance to the detriment of his own creditors, the latter may ask the Court to authorize them to accept it on his behalf. This will allow creditors to receive the assets, if any, that the repudiating debtor would have received, but only to the extent necessary to satisfy their claims. The difference, if any, will go to the other heirs, but not to the repudiator.

Can a repudiation of inheritance be annulled?

Repudiation of inheritance, like acceptance, is irrevocable and can only be challenged if there are defects of consent or an unknown will appears.

How should the repudiation of inheritance be done?

The repudiation of the inheritance must be done in writing or by motion filed with the Court if there is a case already filed. We can do either of the two alternatives even if you are outside of Puerto Rico.

What documents are required?

In order to prepare the deed of inheritance repudiation, we must receive the following documents. First, the Death Certificate of the deceased. If you do not have such Act or Certificate, and the death occurred in Puerto Rico, we can obtain it through the link provided. Second, it is necessary to have the Birth Certificate from you, which we can also obtain for an additional fee as long as you were born in Puerto Rico.

If you have already obtained what is called the Declaratoria de Herederos, you will need to send us a copy, or, in the alternative, the Will, if the deceased left one. Just in case, for a general explanation of the inheritance process, you can go to our page on Transfer of Inheritance.

Finally, it is important that, in order for the repudiation to be duly registered, it must be filed with the Land Registry. For this reason, it is essential that you send us a copy of the title deed(s) of the property, if any, as part of the Form to be completed hereunder.