In short
Intestate succession is not only for someone who died without a will. Article 1719 names three doors: it takes place when the decedent dies without making a will, or when the will is ineffective or insufficient. That third one is the most overlooked: a perfectly valid will that does not cover all the goods opens intestate succession for whatever was left out. Article 1720 fixes the first order and does so by placing the spouse inside it, not behind it: the succession corresponds, in first place, to the descendants in direct line and to the surviving spouse. Article 1721 says how it is divided, and it is the sentence most people are looking for: the children of the decedent and the surviving spouse inherit in equal parts. The spouse does not take half the inheritance or a special quota: they count as one more alongside the children. And it adds the rule for the next generation: the grandchildren and other descendants of the decedent inherit by representation, that is, taking their ascendant’s place and splitting among themselves the portion that would have gone to them. It is worth saying what these articles do not settle, because people take these things for granted. They do not say when a will is ineffective or insufficient. They do not say how the spouse’s community property is separated first, which is not inheritance but their own half. They do not say what happens with a separated spouse. And they do not describe the declaration of heirs procedure, which has its own guide on this site and its own statute.
What is it?
They are Articles 1719, 1720 and 1721 of the Civil Code of 2020: when intestate succession opens, who forms the first order and how it is divided among children, spouse and further descendants.
Who can do it?
Whoever inherits from a person who died without a will, or whose will is invalid or does not reach all the goods.
Requirements
- Intestate succession takes place when the decedent dies without making a will, or when the will is ineffective or insufficient.Verified against the official source
- The succession corresponds, in first place, to the descendants in direct line and to the surviving spouse.Verified against the official source
- The children of the decedent and the surviving spouse inherit in equal parts.Verified against the official source
- The grandchildren and other descendants of the decedent inherit by representation.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Three doors, not one
Article 1719: without a will, or when the will is ineffective, or when it is insufficient. All three open intestate succession.
Step 2: The third is the forgotten one
A valid will that does not cover all the goods is insufficient for what it left out, and for that this succession governs.
Step 3: The first order
Article 1720: the descendants in direct line and the surviving spouse. The spouse is inside the first order, not behind it.
Step 4: In equal parts
Article 1721: the children of the decedent and the surviving spouse inherit in equal parts. The spouse counts as one more.
Step 5: Grandchildren, by representation
The same article: grandchildren and other descendants inherit by representation, under the rules of the corresponding chapter, which has its own guide here.
Step 6: What that means in practice
That they do not each take a share alongside their aunts and uncles: they split among themselves the portion that would have gone to their ascendant.
Step 7: Community property is not inheritance
These articles do not say how the spouse’s community property is separated first. That own half does not enter the division, but the Code does not address it here and this guide does not describe it.
Step 8: And this is not the legítima
Article 1624 borrows the concurrence rules from here for the legítima, but does not say the legítima equals the intestate share. This guide does not merge the two.
Step 9: What these articles do not settle
They do not say when a will is ineffective or insufficient, do not say what happens with a separated spouse, and do not describe the declaration of heirs, which has its own statute and separate guide.
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 proportion. The procedure to have that declared — the declaration of heirs — is governed by its own statute and has its own guide on this site.
How long it takes
What to do if something goes wrong
If you were told the widowed spouse inherits a different share from the children, Article 1721 says they inherit in equal parts. If there is a will but it does not cover all the goods, do not treat the door as closed: Article 1719 also opens intestate succession when the will is insufficient. If a child of the decedent died first, their own children do not each take a share like another sibling: they inherit by representation, splitting their parent’s portion. What you will not find in these articles is how community property is separated first, what makes a will ineffective, or what happens with a separated spouse. Nor the procedure: the declaration of heirs is governed by its own statute. And a precision warning: that Article 1624 sends the legítima to these concurrence rules does not mean your legítima equals your intestate share. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing the widowed spouse inherits a different quota from the children: Article 1721 says equal parts.
- Thinking intestate succession opens only if there is no will: also if it is ineffective or insufficient.
- Treating the whole estate as covered because there is a will: whatever is left out goes by these rules.
- Counting each grandchild as another heir alongside their aunts and uncles: they inherit by representation.
- Confusing the spouse’s community-property half with their share of the inheritance: they are different things.
- Assuming the spouse ranks behind the children: Article 1720 places them inside the first order.
- Taking the intestate share as if it were the legítima: Article 1624 borrows the concurrence rules, it does not equate the figures.
- Looking here for the declaration of heirs procedure: it is governed by its own statute.
Frequently asked questions
My father died without a will. How much does my mother get?
Article 1721 says the children of the decedent and the surviving spouse inherit in equal parts.
There is a will but it does not mention all the goods. What about the rest?
Article 1719 says intestate succession takes place when the decedent dies without making a will, or when the will is ineffective or insufficient.
My brother died before our father. Do his children inherit?
Article 1721 says the grandchildren and other descendants of the decedent inherit by representation.
Does community property enter the division?
These three articles do not address it. They do not say how community property is separated before the inheritance is measured, and this guide does not describe it.
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
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
Was this guide helpful?
Did you find out-of-date information?
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.
Siblings and nephews inherit before other relatives, and the limit is the sixth degree
Article 1725 of the Civil Code of 2020 calls siblings and nephews the preferred collaterals. Article 1726 closes private succession at the sixth degree.
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.
If you have forced heirs, you may freely dispose of only half your goods
Article 1623 of the Civil Code of 2020 says so. And 1622 names the forced heirs: descendants, surviving spouse and, failing these, ascendants.
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.