In short
The third order is the family that is neither above nor below: siblings, nephews and nieces, uncles and aunts, cousins. Article 1724 says when it comes in, and demands three absences at once: failing descendants, ascendants and the surviving spouse, the collateral relatives succeed. Article 1725 is the one that orders that group, and it also defines a term the Code uses elsewhere without explaining. It says the decedent’s siblings and nephews succeed with preference over the other collaterals: those are the “preferred collaterals” Article 1613 refers to when it allows representation in the collateral line. And it says how they take: the decedent’s siblings inherit in equal parts, and the decedent’s nephews inherit by right of representation. That is, nephews do not each take a share like another sibling, but occupy the place of the absent sibling and split that portion. Article 1726 widens the field when there are neither siblings nor nephews: the decedent’s other relatives in the collateral line nearest in degree succeed, up to the sixth degree. That sixth degree is the outer boundary of private succession in this Title: beyond it no relative inherits, and the next order comes in. What the Code does not do in these three articles is explain how degrees are counted in the collateral line. That is why this guide does not say which specific relative is “the sixth degree”: naming second cousins or great-uncles as if the Code said so would be inventing. Nor does the Code distinguish here between full-blood and half-blood siblings, or say what happens with the nephews of a sibling who is in fact alive.
What is it?
They are Articles 1724, 1725 and 1726 of the Civil Code of 2020: when collaterals inherit, who the preferred collaterals are and how far intestate succession among private persons reaches.
Who can do it?
The siblings, nephews and other collateral relatives of someone who died without a will, descendants, ascendants or spouse.
Requirements
- Failing descendants, ascendants and the surviving spouse, the collateral relatives succeed.Verified against the official source
- The decedent’s siblings and nephews succeed with preference over the other collaterals.Verified against the official source
- Siblings inherit in equal parts; nephews inherit by right of representation.Verified against the official source
- Failing siblings or nephews, the other collaterals nearest in degree succeed, up to the sixth degree.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Three absences at once
Article 1724: failing descendants, ascendants and the surviving spouse. If any of the three exists, this order does not open.
Step 2: Who goes first
Article 1725: the decedent’s siblings and nephews succeed with preference over the other collaterals.
Step 3: Here “preferred collaterals” is defined
Article 1613 allows representation in the collateral line only in favour of the preferred collaterals, without saying who they are. This article says it: siblings and nephews.
Step 4: Siblings, in equal parts
Second paragraph of 1725: the decedent’s siblings inherit in equal parts.
Step 5: Nephews, by representation
The same paragraph: nephews inherit by right of representation. They do not take a share like another sibling: they occupy the absent sibling’s place.
Step 6: If there are no siblings or nephews
Article 1726: the decedent’s other relatives in the collateral line nearest in degree succeed.
Step 7: The limit: the sixth degree
The same article closes it there: up to the sixth degree. Beyond it no relative inherits under this Title.
Step 8: Why we do not say which relative that degree is
Because the Code does not explain in these articles how degrees are counted in the collateral line. Naming a cousin or a great-uncle as if the text said so would be inventing.
Step 9: And what it also does not distinguish
It does not separate full-blood from half-blood siblings, and does not say what happens with the nephews of a sibling who is in fact alive.
Step 10: If there are no collaterals either
The fourth order comes in, that of the people of Puerto Rico, with its own guide on this site.
Where to do it
These three articles describe no procedure before any agency and do not mention the court: they say who inherits and in what order. The declaration of heirs is governed by its own statute and has a separate guide.
How long it takes
What to do if something goes wrong
If a relative died with no children, no living parents and no spouse, Article 1724 opens the succession to the collaterals, but requires all three to be absent. Within that group, siblings and nephews rule, whom Article 1725 expressly calls preferred collaterals. If you are a nephew, note how you take: by right of representation, that is, splitting with your siblings the portion that would have gone to your parent, not a portion equal to your aunts’ and uncles’. If there are no siblings or nephews, Article 1726 calls the collaterals nearest in degree up to the sixth, and there it ends. What this guide will not tell you is which specific relative sits in each degree, because the Code does not explain here how collateral degrees are counted and we will not invent it. Nor does the text distinguish between full siblings and half siblings. If no collateral appears within the sixth degree, the next order is that of the people of Puerto Rico. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing the absence of children is enough: Article 1724 requires descendants, ascendants and spouse all to be absent.
- Thinking all collaterals rank equally: siblings and nephews have preference.
- Counting each nephew as another sibling: they inherit by right of representation.
- Assuming siblings divide unequally: Article 1725 says in equal parts.
- Believing any distant relative may inherit: Article 1726 cuts off at the sixth degree.
- Looking in these articles for how collateral degrees are counted: they do not explain it.
- Taking for granted the Code distinguishes full-blood from half-blood siblings: here it does not.
- Forgetting that if there are no collaterals within the sixth degree the people of Puerto Rico come in.
Frequently asked questions
Who are the preferred collaterals?
Article 1725 says the decedent’s siblings and nephews succeed with preference over the other collaterals.
How do nephews inherit?
Article 1725 says the decedent’s nephews inherit by right of representation, and that siblings inherit in equal parts.
Up to what degree of kinship does one inherit?
Article 1726 says that failing siblings or nephews the other relatives in the collateral line nearest in degree succeed, up to the sixth degree.
Which relative is the sixth degree?
These articles do not explain how degrees are counted in the collateral line, so this guide names no specific relative as the sixth degree.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 11, 2026
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Did you find out-of-date information?
With no will, the children and the spouse inherit in equal parts
Article 1721 of the Civil Code of 2020 says so, and 1719 opens intestate succession also when the will is ineffective or insufficient.
If one parent cannot or will not inherit, the estate passes entirely to the other
Article 1723 of the Civil Code of 2020 says so. Ascendants inherit only failing descendants AND a surviving spouse.
With no heirs, the estate goes to the University Fund after a judicial declaration
Article 1727 of the Civil Code of 2020 so orders, with two exceptions: agricultural land and property declared a public nuisance.
If your parent died before the grandparent, you inherit in their place, by estirpes
Article 1611 of the Civil Code of 2020 allows it in testate and intestate succession, and 1614 limits what you receive to what your represented would get.
Declaration of heirs: what it is and the two routes to request it
When someone dies without a will, the declaration establishes who inherits. Since Act 282-1999 it can be processed before a notary or the court: you choose.
An inheritance can be debts alone: the Code says so in those words
Article 1552 says the inheritance comprises rights and obligations even where obligations exceed rights, or where there are only obligations.