In short
Successory representation settles a very common situation: the person called to inherit is no longer there, or cannot, or does not want to. Article 1611 defines it: by successory representation, the descendants have the right to inherit in the place and in the degree of their ascendant and to receive the inheritance that would correspond to them, both in testate and in intestate succession. That closing clause matters more than it looks, because many assume this only works where there is no will: the Code says it works in both. Article 1612 enumerates four cases in which it operates, and they should be read without adding or removing: when the person called predeceases the decedent; when they are declared unworthy or incapable; when they have been disinherited; or when they repudiate the inheritance. Article 1613 says where it runs and where it does not: it takes place in the decedent’s direct descending line, but never in the direct ascending line. Never upward. And in the collateral line, it only takes place in favour of the colaterales preferentes. That term is not defined in this chapter: it lives in the intestate succession, which was not read for this guide, so the limit is named here and the gap stated rather than guessing which relatives qualify. Article 1614 sets the ceiling: when one inherits by representation, the division is made by estirpes, so that the representative does not inherit more than what their represented would inherit if they had been able and willing to inherit. Put another way, two grandchildren representing one same child split between them what that child would have received; they do not each take a full share. And Article 1615 adds, as a separate article, that one may represent the ascendant whose inheritance has been repudiated.
What is it?
They are Articles 1611 to 1615 of the Civil Code of 2020: what successory representation is, the four cases in which it operates, in which lines, and the division by estirpes.
Who can do it?
Whoever descends from a person who was called to an inheritance and predeceased, was declared unworthy or incapable, was disinherited, or repudiated.
Requirements
- By successory representation the descendants inherit in the place and degree of their ascendant, both in testate and intestate succession.Verified against the official source
- It operates when the person called predeceases the decedent, is declared unworthy or incapable, has been disinherited, or repudiates the inheritance.Verified against the official source
- It takes place in the direct descending line, never in the ascending one, and in the collateral line only in favour of the colaterales preferentes.Verified against the official source
- The division is made by estirpes: the representative does not inherit more than their represented would inherit.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What it is
Article 1611: the descendants inherit in the place and in the degree of their ascendant and receive the inheritance that would correspond to them.
Step 2: It works with a will and without one
The same article closes with “both in testate and in intestate succession”. It is not a device only for when there is no will.
Step 3: Case (a): predecease
Article 1612: when the person called predeceases the decedent. The best-known case: the child dies before the parent.
Step 4: Case (b): unworthiness or incapacity
When the person called is declared unworthy or incapable. The causes of unworthiness are in Article 1556, with its own guide on this site.
Step 5: Case (c): disinheritance
When they have been disinherited. The Code regulates disinheritance in another chapter, not read for this guide, so it is not described here.
Step 6: Case (d): repudiation
When they repudiate the inheritance. Whoever does not want it does not close the door on their descendants.
Step 7: Downward yes, upward never
Article 1613: it takes place in the decedent’s direct descending line, but never in the direct ascending line. The Code uses the word “never”.
Step 8: In the collateral line, with a limit
The same article: it only takes place in favour of the colaterales preferentes. This chapter does not define who they are, and this guide does not guess.
Step 9: It is divided by estirpes
Article 1614: when one inherits by representation, the division of the inheritance is made by estirpes.
Step 10: And the ceiling is the represented’s share
The same article: the representative does not inherit more than their represented would inherit if they had been able and willing to inherit. Three grandchildren from one child split that single portion.
Step 11: And a separate article on repudiation
Article 1615: one may represent the ascendant whose inheritance has been repudiated. The Code writes it as its own rule and this guide does not merge it with 1612(d).
Where to do it
These five articles describe no procedure before any agency and do not mention the court: they fix who takes whose place and how much they receive. The concrete procedures — the declaration of heirs, the will — have their own guides on this site.
How long it takes
What to do if something goes wrong
If your ascendant was called to an inheritance and can no longer receive it, look first at which of the four cases in Article 1612 is yours: predecease, declared unworthiness or incapacity, disinheritance or repudiation. If you are told representation only works where there is no will, Article 1611 says otherwise: it works in testate and intestate succession. If what is argued is how much you get, Article 1614 settles it: by estirpes, and never more than your represented would inherit. And if the kinship is collateral, Article 1613 admits representation only in favour of the colaterales preferentes, a term this chapter does not define: you will not find the list of who they are here, because it lives in the intestate succession and was not read for this guide. Disinheritance is not described here either, as it is in another chapter. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing representation only operates without a will: Article 1611 admits it in testate and intestate succession.
- Thinking each grandchild takes a full portion: Article 1614 divides by estirpes.
- Assuming whoever repudiates closes the door on their children: Article 1612(d) says otherwise.
- Believing one may represent upward: Article 1613 says “never in the direct ascending line”.
- Taking for granted that it operates without limit in the collateral line: only in favour of the colaterales preferentes.
- Looking in this chapter for who the colaterales preferentes are: it does not define them.
- Forgetting that unworthiness and disinheritance also open representation.
- Thinking the representative may receive more than their represented: Article 1614 prevents it.
Frequently asked questions
My father died before my grandfather. May I inherit?
Article 1611 says that by successory representation the descendants inherit in the place and degree of their ascendant, and Article 1612(a) names predecease as one of the cases in which it operates.
How much do I get if we are several grandchildren of the same child?
Article 1614 says the division is made by estirpes, so that the representative does not inherit more than their represented would inherit if they had been able and willing to inherit.
My uncle repudiated the inheritance. Do his children inherit?
Article 1612(d) names repudiation among the cases in which representation operates, and Article 1615 says one may represent the ascendant whose inheritance has been repudiated.
May one represent a child in order to inherit from them?
Article 1613 says the right of representation takes place in the decedent’s direct descending line, but never in the direct ascending line.
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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