In short
The apparent heir is whoever possesses the inheritance under a successory title believing themselves, or presenting themselves, as heir, though the right belongs to another. Four articles settle what happens with what they did meanwhile. Article 1595 looks in their favour: if the apparent heir satisfies obligations of the decedent with goods not coming from the inheritance, they have the right to have the heir reimburse them. The article says so without distinguishing good or bad faith, and this guide reproduces it as written without importing the good-faith condition that does appear in another article. Article 1596 goes to administration contracts, and its key word is a conjunction: the acts of administration of the apparent heir are valid except when he and the third party with whom he contracts have acted in bad faith. It says “and”, not “or”. If the apparent heir acted in bad faith but the third party did not know, the act still holds. Article 1597 changes ground, from administering to selling, and there it does demand good faith: the apparent heir in good faith who has alienated goods of the inheritance only has to restore to the heir the price or the good obtained as consideration with the onerous alienation, or what they acquired with them, subrogating the heir in the actions to claim the price or the good still owed. Note what the article does not cover: it says nothing of one who alienated in bad faith, nor of a gratuitous alienation. This guide does not fill that silence. Article 1598 closes by looking at the buyer: the heir may revindicate the goods of the inheritance alienated by the apparent heir, except when the acquirers enjoy the protective effects of the public registry faith. That exception points to registry legislation, which is not the Civil Code, so the limit is named here and not described.
What is it?
They are Articles 1595 to 1598 of the Civil Code of 2020: reimbursement to the apparent heir, the validity of their acts of administration, what they restore if they sold in good faith, and when the heir may revindicate what was sold.
Who can do it?
Whoever held an inheritance believing themselves the heir, whoever turned out to be the true heir, and whoever contracted with or bought from an apparent heir.
Requirements
- If the apparent heir paid obligations of the decedent with goods not coming from the inheritance, they have the right to be reimbursed by the heir.Verified against the official source
- The apparent heir’s acts of administration are valid except when he and the third party with whom he contracts have acted in bad faith.Verified against the official source
- The good-faith apparent heir who alienated goods only restores the price or the good obtained as consideration, or what was acquired with them.Verified against the official source
- The heir may revindicate the goods alienated by the apparent heir, except when the acquirers enjoy the protective effects of the public registry faith.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Who the apparent heir is
Article 1592 describes them as whoever possesses the inheritance under a successory title and denies the petitioner’s right. These four articles settle what happens with their acts.
Step 2: If they paid the decedent’s debts with their own money
Article 1595: they have the right to be reimbursed by the heir. The article says so without distinguishing good or bad faith.
Step 3: Administration contracts hold
Article 1596: the apparent heir’s acts of administration are valid. That is the rule; the exception comes next.
Step 4: And the exception demands bad faith on both sides
Except when he and the third party with whom he contracts have acted in bad faith. The Code writes “and”, not “or”: with only one in bad faith the act still holds.
Step 5: If they sold in good faith
Article 1597: they only have to restore to the heir the price or the good obtained as consideration with the onerous alienation. Not the good that was sold.
Step 6: Or what they bought with that money
The same article adds “or what they acquired with them”. The restitution follows the trail of the consideration.
Step 7: And hands over the actions for what is still owed
Closing of 1597: subrogating in the actions to claim the price or the good still owed. If the buyer did not finish paying, the heir steps into that place.
Step 8: What 1597 does not cover
It speaks only of the good-faith apparent heir and the onerous alienation. It says nothing here of one who alienated in bad faith or of a gratuitous alienation, and this guide does not assume it.
Step 9: The heir may go after the good
Article 1598: the heir may revindicate the goods of the inheritance alienated by the apparent heir.
Step 10: Unless the buyer is protected by the Registry
Exception in the same article: when the acquirers enjoy the protective effects of the public registry faith. Those effects are not in the Civil Code, so this guide names the limit without describing it.
Where to do it
These four articles describe no procedure before any agency and name no court or fee. Article 1598 refers to the protective effects of the public registry faith, which belong to registry legislation and not to the Civil Code: this guide does not describe them because it did not read that legislation.
How long it takes
What to do if something goes wrong
If you contracted with someone who presented themselves as the heir and later turned out not to be, Article 1596 saves your administration contract unless both of you — he and you — acted in bad faith. The conjunction is “and”: his bad faith alone does not bring the act down if you did not know. If what happened was a sale, Article 1598 lets the true heir revindicate the good, with an exception that points outside the Code: the protective effects of the public registry faith. You will not find here when those effects apply, because that is in registry legislation and not in this source. If you were the apparent heir and paid the decedent’s debts out of your own pocket, Article 1595 gives you the right to be reimbursed by the heir. And if you sold in good faith, Article 1597 limits what you return to the price or what you obtained. That article does not say what happens if the sale was in bad faith or if the alienation was gratuitous. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Reading Article 1596 as if it said “or”: bad faith is needed in the apparent heir and in the third party.
- Believing everything the apparent heir did collapses: acts of administration are valid as a rule.
- Thinking the good-faith apparent heir returns the good sold: Article 1597 has them restore the price or what was obtained.
- Forgetting the subrogation in 1597: the heir steps into their place to claim what is still owed.
- Looking in Article 1597 for the rule on selling in bad faith or a gratuitous sale: it is not there.
- Assuming the heir recovers the good sold: Article 1598 excepts the acquirer protected by the public registry faith.
- Expecting the Civil Code to explain those registry effects: it refers to other legislation.
- Assuming the reimbursement of Article 1595 applies only to a good-faith apparent heir: the article does not distinguish.
Frequently asked questions
Do the apparent heir’s contracts hold?
Article 1596 says the apparent heir’s acts of administration are valid except when he and the third party with whom he contracts have acted in bad faith.
They sold a good of the estate in good faith. What do they return?
Article 1597 says they only have to restore to the heir the price or the good obtained as consideration with the onerous alienation, or what they acquired with them, subrogating in the actions to claim what is still owed.
Can the true heir recover what was sold?
Article 1598 says they may revindicate the goods alienated by the apparent heir, except when the acquirers enjoy the protective effects of the public registry faith.
I paid the decedent’s debts believing I was the heir. Am I repaid?
Article 1595 says that if the apparent heir satisfies obligations of the decedent with goods not coming from the inheritance, they have the right to have the heir reimburse them.
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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