In short
When one of those called does not take their share, that portion has to go somewhere, and the Code organises three answers in order. Article 1616 defines the second: the right of accretion is the increase produced in one heir’s quota when another heir’s portion becomes vacant, save the right of representation, when that takes place. That proviso marks the hierarchy: representation first, and only if it does not operate, accretion. And the same article adds a sentence that surprises almost everyone: the right of accretion is irrenunciable. You cannot say “I do not want my share increased”. Article 1617 applies it to intestate succession: when there are several relatives of the same degree and one does not wish to succeed or cannot do so, their part accrues to the others of the same degree, provided representation does not take place. Note “of the same degree”: it does not move up or down a rung. Article 1618 applies it to testamentary succession, and there it demands three conditions at once: that there be a joint calling, that the person called does not wish or cannot take their part, that there be no substitute to receive it, and that representation not take place. Article 1619 defines the joint calling: when two or more persons are called to one same inheritance, one same legacy or one same portion, without special designation of parts. Its second paragraph, as the OGP consolidated text prints it, says the special designation of parts is deemed made only when the testator has not expressly determined an aliquot portion, or a fraction or percentage, for each successor. Read literally, that sentence inverts the sense of the first paragraph. This guide reproduces the text and flags the difficulty, but does not rewrite it and does not say which of the two readings would prevail. Article 1620 closes with the third answer: the vacant portion, which arises when neither representation nor accretion takes place, and which in testamentary succession is distributed according to the rules of intestate succession, with the same charges and obligations imposed on the person called, save those that are personalísimas.
What is it?
They are Articles 1616 to 1620 of the Civil Code of 2020: what the right of accretion is, how it works in intestate and testamentary succession, what a joint calling is and what a vacant portion is.
Who can do it?
Whoever inherits alongside others and one of them does not take their share, for whatever reason.
Requirements
- The right of accretion is the increase in one heir’s quota when another’s portion becomes vacant, save the right of representation when that takes place.Verified against the official source
- The right of accretion is irrenunciable.Verified against the official source
- In intestate succession the part accrues to the other relatives of the same degree, when representation does not take place.Verified against the official source
- In testamentary succession a joint calling is needed, with no substitute and with representation not taking place.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What accretion is
Article 1616: the increase produced in one heir’s quota when another’s portion becomes vacant.
Step 2: Representation comes first
The same article conditions it: save the right of representation, when it takes place. If there are descendants to represent, there is no accretion.
Step 3: And it cannot be refused
Closing of 1616: the right of accretion is irrenunciable. One cannot accept one’s own share and refuse the increase.
Step 4: Without a will
Article 1617: when there are several relatives of the same degree and one does not wish or cannot succeed, their part accrues to the others of the same degree.
Step 5: With a will: three conditions
Article 1618: a joint calling, the person called not wishing or not being able to take their part, no substitute to receive it, and representation not taking place.
Step 6: What a joint calling is
Article 1619, first paragraph: when two or more persons are called to one same inheritance, one same legacy or one same portion, without special designation of parts.
Step 7: A paragraph to read carefully
The second paragraph of 1619, as the consolidated text prints it, says the special designation of parts is deemed made only when the testator has NOT expressly determined an aliquot portion, or a fraction or percentage, for each successor. Read literally, it inverts the sense of the first paragraph.
Step 8: And this guide does not fix it for you
We reproduce the text as published and flag the difficulty. We do not rewrite the sentence or say which of the two readings would prevail: that is not in the source.
Step 9: If there is neither representation nor accretion
Article 1620: the vacant portion arises, by predecease, repudiation, incapacity or unworthiness of the instituted person, and also by the non-fulfilment of an imposed condition or by the nullity of the testamentary clause.
Step 10: And where that portion goes
Second paragraph of 1620: in testamentary succession it is distributed according to the rules of intestate succession, with the same charges and obligations imposed on the person called, save those that are personalísimas.
Step 11: The full order
Representation first, accretion second, the vacant portion last. The three articles build it between them.
Where to do it
These five articles describe no procedure before any agency and do not mention the court: they distribute what another does not take. Article 1620 refers to the rules of intestate succession, which are in another Title of the Code and were not read for this guide.
How long it takes
What to do if something goes wrong
If a co-heir does not take their share, the first question is not whether your quota grows, but whether there are descendants to represent them: Article 1616 puts representation ahead of accretion. If there are none, and the succession is intestate, Article 1617 splits that part among the relatives of the same degree. If there is a will, Article 1618 additionally requires the calling to have been joint and no substitute to have been named. And if none of that holds, the portion becomes vacant and Article 1620 sends it to the rules of intestate succession, carrying the charges imposed on the person called save those that are personalísimas. A warning about Article 1619: its second paragraph, as it appears in the OGP consolidated text, reads the opposite way from the first, and we have not rewritten or resolved it here. If your case turns on that sentence, it is exactly the kind of point worth taking to a professional. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing accretion can be renounced: Article 1616 calls it irrenunciable.
- Applying accretion ahead of representation: Article 1616 puts representation first.
- Thinking that in intestate succession the part accrues to any relative: Article 1617 says “of the same degree”.
- Forgetting the substitute in testamentary succession: if there is one, Article 1618 does not open accretion.
- Assuming every calling of several people is joint: Article 1619 ties it to the absence of a special designation of parts.
- Taking the second paragraph of Article 1619 as fitting neatly with the first: read literally it inverts it.
- Believing the vacant portion is distributed freely: Article 1620 sends it to the rules of intestate succession.
- Forgetting the vacant portion carries the charges imposed on the person called, save the personalísimas.
Frequently asked questions
May I refuse to have my inheritance increased?
Article 1616 says the right of accretion is irrenunciable.
Which comes first, representation or accretion?
Article 1616 defines accretion “save the right of representation, when it takes place”, so representation comes first.
The will left everything to the three of us without stating shares. Is that a joint calling?
Article 1619 says there is a joint calling when two or more persons are called to one same inheritance, legacy or portion, without special designation of parts. Its second paragraph, as published, reads the opposite way from the first, and this guide does not resolve it.
What is a vacant portion?
Article 1620 says it arises by predecease, repudiation, incapacity or unworthiness of the instituted person when neither representation nor accretion takes place, and also by the non-fulfilment of an imposed condition or by the nullity of the testamentary clause.
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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