In short
The Code uses the word “delación” in several articles before defining it, and here it finally does. Article 1568 says the delación is the moment from which a person may accept or repudiate the inheritance or the legacy. Article 1569 says when it occurs: at the moment of the decedent’s death, with five exceptions. If the institution is subject to a suspensive condition or a term, at the fulfilment of the condition or the expiry of the term, provided the person called has not renounced their right beforehand. If it is subject to a resolutory condition, when the instituted person secures the fulfilment of the condition. In cases of substitution or representation, when the person called repudiates the inheritance or cannot accept it through incapacity or unworthiness. In an institution in favour of a posthumous heir or legatee, when the birth takes place. And when the personality of the instituted one must be determined by a future fact, when that personality is determined. Article 1570 adds two things: one may accept or repudiate once one has knowledge that the delación occurred in one’s favour, and if several are called, each decides independently of the others. The three following articles set the hard rules. 1571: acceptance and repudiation are unilateral and irrevocable acts; no second party is needed and there is no taking them back. 1572: their effects are retroactive to the moment of the opening of the succession. And 1573, the one most people need to read: acceptance and repudiation cannot be made partially, nor subject to a term, nor subject to a condition. You do not accept the house and repudiate the debts.
What is it?
They are Articles 1568 to 1573 of the Civil Code of 2020: what the delación is, when it occurs and its five exceptions, from when one may decide, and the rules that make the decision unilateral, irrevocable, retroactive and whole.
Who can do it?
Whoever is called to an inheritance or a legacy in Puerto Rico and must decide whether to accept or repudiate it.
Requirements
- The delación is the moment from which a person may accept or repudiate the inheritance or the legacy.Verified against the official source
- The delación occurs at the moment of the decedent’s death, except in the five cases of Article 1569.Verified against the official source
- Acceptance and repudiation are unilateral and irrevocable acts.Verified against the official source
- They cannot be made partially, nor subject to a term, nor subject to a condition.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What the delación is
Article 1568: the moment from which a person may accept or repudiate the inheritance or the legacy. It is the start of the decision, not the decision.
Step 2: The general rule
Article 1569: the delación occurs at the moment of the decedent’s death. What follows are five listed exceptions.
Step 3: Exception (a): suspensive condition or term
The delación occurs at the fulfilment of the condition or the expiry of the term, if the person called has not renounced their right beforehand. That closing clause matters: one may renounce earlier.
Step 4: Exception (b): resolutory condition
The delación occurs when the instituted person secures the fulfilment of the condition. The Code does not say here what securing it requires.
Step 5: Exception (c): substitution or representation
The delación occurs when the person called repudiates the inheritance or cannot accept it through incapacity or unworthiness. It is the moment the next in line comes up.
Step 6: Exception (d): posthumous heir or legatee
The delación occurs when the birth takes place. Not at conception: at birth.
Step 7: Exception (e): personality yet to be determined
When the personality of the instituted one must be determined by a future fact, the delación occurs when that personality is determined.
Step 8: From when you may decide
Article 1570: once you have knowledge that the delación has occurred in your favour. The Code does not say here how that knowledge is established.
Step 9: Each person called decides alone
Second paragraph of 1570: if several persons are called, each may accept or repudiate independently of the others. They need not agree.
Step 10: Unilateral and irrevocable
Article 1571: they are unilateral and irrevocable acts. Nobody has to accept your acceptance, and you cannot undo it afterwards.
Step 11: The effects run backwards
Article 1572: they are retroactive to the moment of the opening of the succession. Note the anchor: to the opening, which Article 1547 places at the death, even where the delación occurred later through one of the five exceptions.
Step 12: Not partial, not timed, not conditional
Article 1573: acceptance and repudiation cannot be made partially, nor subject to a term, nor subject to a condition. You cannot accept what adds and repudiate what subtracts.
Where to do it
These six articles describe no procedure before any agency and do not mention the court. They fix when the possibility of deciding is born and with what limits. The concrete forms of accepting and repudiating are in later articles of the same chapter, with their own guides on this site.
How long it takes
What to do if something goes wrong
If you were offered the chance to keep some goods and leave the debts out, Article 1573 closes that door: not partially, not timed, not conditional. If you already accepted and regret it, Article 1571 says the act is irrevocable. If you are told the decision must be made as a group, Article 1570 says the opposite: each person called decides independently of the others. And if the inheritance came with a condition or a term in the will, the delación may not have occurred yet: see the five exceptions in Article 1569. These articles do not define substitution or representation, do not say what securing a resolutory condition requires, do not say how knowledge is proved, and set no deadline to decide — the term the court may set is Article 1578, in another guide. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing one may accept part of the inheritance and repudiate the rest: Article 1573 forbids it.
- Thinking acceptance can be revoked: Article 1571 calls it irrevocable.
- Assuming all those called must decide the same way: each decides independently.
- Taking for granted the delación always occurs with the death: there are five exceptions in Article 1569.
- Believing the posthumous child has the delación from conception: paragraph (d) places it at birth.
- Accepting “for six months to see how it goes”: it cannot be subject to a term.
- Confusing the delación with the opening of the succession: the effects in 1572 run back to the opening, not to the delación.
- Looking here for the form of accepting or repudiating: that is in later articles of the same chapter.
Frequently asked questions
May I accept the house and repudiate the debts?
Article 1573 says acceptance and repudiation cannot be made partially, nor subject to a term, nor subject to a condition.
May I change my mind after accepting?
Article 1571 says acceptance and repudiation of the inheritance are unilateral and irrevocable acts.
We are four heirs. Must we decide together?
Article 1570 says that if several persons are called, each may accept or repudiate independently of the others.
From when may I decide?
Article 1570 says once one has knowledge that the delación has occurred in one’s favour, and Article 1569 says when that delación 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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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.
If the court sets you a term and you do not answer, the inheritance is taken as accepted
Article 1578 of the Civil Code of 2020 lets any interested person request that term 30 days after the delación, and silence does not repudiate: it accepts.
Repudiating an inheritance is valid only by public deed or a writing to the court
Article 1583 of the Civil Code of 2020 gives only those two routes. Accepting does admit a private document; repudiating does not.
Who looks after the estate while nobody has accepted the inheritance
Article 1563 of the Civil Code of 2020 sets four rungs in order: the decedent’s designee, the executor, those called to succeed and, absent agreement, the court.
Who may inherit and the six causes that forfeit an inheritance
Article 1556 of the Civil Code of 2020 lists six causes of unworthiness to inherit. Only two of the six require the person to be convicted.
How to make a will in Puerto Rico
The 2020 Civil Code’s kinds of will, who may execute one, and the rule that changed: with forced heirs you may freely dispose of half.