In short
Between the decedent’s death and the day someone accepts the inheritance there is a stretch in which the goods exist but belong to nobody yet. The Code names it: Article 1562 says the lying inheritance is the transitory state of the inheritance from the decedent’s death until its acceptance. The practical question is who administers it meanwhile, and Article 1563 answers with a four-rung ladder that must be read in order. First, the person designated by the decedent. Failing that, the executor. Absent a designation, those called to succeed. And if there is no agreement among them, the court will name a provisional administrator. Article 1564 says what whoever administers must do: preserve the estate until acceptance or repudiation occurs. Their powers depend on who named them — an administrator named by the testator has those the testator assigns — and if no powers are assigned, or there is no will, they will be those corresponding to the judicial administrator according to law. The Code does not name that law here, so neither does this guide. On upkeep the article is concrete: the administrator is authorised to make the necessary repairs on the goods, but the useful ones only with judicial authorisation, and in both cases the repairs are charged to the estate. Article 1567 closes the chapter with a detail that gets overlooked: the state of yacencia is extinguished by the acceptance of the inheritance, but if several persons are called, the acceptance by one does not make the yacencia cease as to those who have not accepted, except in the case of a joint calling. That is, one same inheritance may be accepted by some and still lying for others.
What is it?
They are Articles 1562, 1563, 1564 and 1567 of the Civil Code of 2020: what the lying inheritance is, who administers it, what the administrator may do and when it stops lying.
Who can do it?
Whoever is called to an inheritance nobody has accepted yet, and whoever must look after a house, a business or accounts of the decedent while that is settled.
Requirements
- The lying inheritance runs from the decedent’s death until its acceptance.Verified against the official source
- Administration corresponds, in this order: to the decedent’s designee, the executor, those called to succeed and, absent agreement, a provisional administrator named by the court.Verified against the official source
- The administrator must preserve the estate until acceptance or repudiation occurs.Verified against the official source
- The administrator may make the necessary repairs; the useful ones only with judicial authorisation. Both are charged to the estate.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What the lying inheritance is
Article 1562: the transitory state of the inheritance from the decedent’s death until its acceptance. It is a stretch of time, not a procedure.
Step 2: First: whoever the decedent designated
Article 1563, first rung: administration corresponds to the person designated by the decedent.
Step 3: Failing that: the executor
Second rung of the same article: failing that person, the executor. The Code does not define here what an executor is.
Step 4: Absent a designation: those called to succeed
Third rung: absent a designation, administration corresponds to those called to succeed. That is, to whoever has a right to inherit.
Step 5: If they do not agree: the court
Fourth rung: if there is no agreement among them, the court will name a provisional administrator. The article does not say how it is requested.
Step 6: The basic duty: preserve
Article 1564, first paragraph: the administrator must preserve the estate until acceptance or repudiation occurs. Preserve, not dispose.
Step 7: With what powers
Second paragraph: an administrator named by the testator has the powers the testator assigns. If none are assigned, or there is no will, they will be those corresponding to the judicial administrator according to law. The Code does not name that law here.
Step 8: Necessary repairs: yes
Third paragraph: the administrator is authorised to make the necessary repairs on the goods. No prior permission is needed.
Step 9: Useful repairs: with the court’s permission
The same paragraph: the useful ones may be made only with judicial authorisation. The Code does not explain here where the line between necessary and useful falls.
Step 10: Who pays
Closing of the article: the repairs are charged to the estate. They do not come out of the administrator’s pocket.
Step 11: When the yacencia ends
Article 1567: the state of yacencia is extinguished by the acceptance of the inheritance.
Step 12: Unless several are called
The same article: if several persons are called, the acceptance by one does not make the yacencia cease as to those who have not accepted, except in the case of a joint calling. The inheritance may be accepted by some and lying for others.
Where to do it
These articles describe no procedure before any agency. They mention the court only at two moments: to name a provisional administrator when those called do not agree, and to authorise the useful repairs. The Code does not say here how either is requested, and this guide does not invent it.
How long it takes
What to do if something goes wrong
If the argument is who is in charge while nobody accepts, read Article 1563 in order: you do not start with the court, you arrive at it. If the problem is a house deteriorating, note the distinction in Article 1564: the necessary the administrator may do on their own, the useful requires judicial authorisation, and everything is charged to the estate. If someone already accepted but others have not, Article 1567 says the yacencia continues for those who have not, except in a joint calling. This chapter does not define executor, does not define the judicial administrator’s powers — it refers to another law it does not name — and does not say how the court is approached. The pregnancy rules within this same chapter are in a separate guide on this site. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Going straight to court: it is the fourth rung of Article 1563, not the first.
- Believing the executor is always in charge: they come after the person designated by the decedent.
- Thinking the administrator may sell goods: Article 1564 orders them to preserve the estate.
- Making a useful repair without judicial authorisation: the Code allows only the necessary ones without permission.
- Paying for repairs out of pocket: they are charged to the estate.
- Assuming the yacencia ends when one of those called accepts: it continues for the rest, except in a joint calling.
- Looking in this chapter for the judicial administrator’s powers: Article 1564 refers to another law.
- Confusing the lying inheritance with Hacienda’s estate release: they are different things.
Frequently asked questions
Who administers the goods if nobody has accepted yet?
Article 1563 sets four rungs in order: the person designated by the decedent, failing that the executor, absent a designation those called to succeed and, if they do not agree, a provisional administrator named by the court.
May the administrator fix the roof of the house?
Article 1564 authorises them to make the necessary repairs on the goods; the useful ones only with judicial authorisation. The repairs are charged to the estate.
One of the heirs already accepted. Is the yacencia over?
Article 1567 says that if several persons are called, the acceptance by one does not make the yacencia cease as to those who have not accepted, except in the case of a joint calling.
How long does the duty to preserve last?
Article 1564 says the administrator must preserve the estate until acceptance or repudiation occurs.
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 10, 2026
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