In short
There is a kind of claim designed precisely for when someone finds out late that they were due to inherit. Article 1592 defines it: by the petition of inheritance one requests the recognition of the title of heir and the total or partial delivery of the inheritance by whoever possesses it under a successory title as apparent heir and denies the petitioner’s right. Two things are asked at once — that you be recognised as heir and that delivery be made — and the defendant is described by two traits together: they possess under a successory title as apparent heir, and they deny your right. Article 1593 is the most hopeful, and also the most half-quoted: the action of petition of inheritance is imprescriptible, without prejudice to the usucapión of particular goods. The first half says the right to claim does not lapse with time. The second warns that specific goods may have been lost to adverse possession meanwhile. Both halves go together in the text and this guide does not separate one from the other. Article 1594 looks at delivery. Once the court orders the delivery of the hereditary goods, the effects of the real relations apply as to the destruction of the thing, the products, the fruits and the improvements and, in general, everything not modified in the chapter. The Code points there to another part of itself, and this guide points the same way instead of repeating rules it did not read here. If the delivery of the goods is impossible, it will be complied with by the payment of a sum equivalent to their value and of the indemnity for damages. And the closing paragraph defines bad faith with two halves that are both needed: a possessor in bad faith is the person who knows or ought to know of the existence of preferential or concurrent heirs who do not know they are called to the inheritance.
What is it?
They are Articles 1592, 1593 and 1594 of the Civil Code of 2020: what the petition of inheritance asks for, why it does not lapse, and what happens when the court orders delivery.
Who can do it?
Whoever believes they have a right to an inheritance another person holds as apparent heir and who denies that right.
Requirements
- The petition of inheritance requests the recognition of the title of heir and the total or partial delivery of the inheritance.Verified against the official source
- It is directed against whoever possesses the inheritance under a successory title as apparent heir and denies the petitioner’s right.Verified against the official source
- The action is imprescriptible, without prejudice to the usucapión of particular goods.Verified against the official source
- If delivery is impossible, it is complied with by paying a sum equivalent to the goods’ value and the indemnity for damages.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What is asked for
Article 1592: the recognition of the title of heir and the total or partial delivery of the inheritance. Two requests in one.
Step 2: Against whom
Against whoever possesses the inheritance under a successory title as apparent heir and denies the petitioner’s right. The article joins both traits.
Step 3: Delivery may be partial
The same article speaks of total or partial delivery. One need not claim the whole inheritance to use this action.
Step 4: Time does not kill the action
Article 1593, first half: the action of petition of inheritance is imprescriptible. There is no term that closes it.
Step 5: But it can kill the goods
Second half of the same article: without prejudice to the usucapión of particular goods. The action stays alive even if a specific good has already been lost with time.
Step 6: When the court orders delivery
Article 1594, first paragraph: the effects of the real relations apply as to the destruction of the thing, the products, the fruits and the improvements. The Code points to another part of itself.
Step 7: And to everything else this chapter does not change
The same paragraph closes with “and, in general, everything not modified in this chapter”. What is special to inheritance governs over the general.
Step 8: If delivery is no longer possible
Second paragraph: it will be complied with by paying a sum equivalent to their value and the indemnity for damages. The Code does not say how that value is calculated.
Step 9: Who is a possessor in bad faith
Third paragraph: the person who knows or ought to know of the existence of preferential or concurrent heirs who do not know they are called to the inheritance. “Ought to know” suffices; proving they knew is not required.
Step 10: The two halves of bad faith
What the possessor knows and what the other heirs do not are both needed: that they do not know they are called. The Code demands both in the same sentence.
Where to do it
Article 1594 places the action before a court, which is what orders the delivery of the hereditary goods. The Code does not say in these three articles before which court it is filed, in what form, at what fee or how long it takes, and this guide does not invent it.
How long it takes
What to do if something goes wrong
If you found out late that you were an heir, Article 1593 says the action of petition of inheritance is imprescriptible: time does not close the door on you. But read the second half before relaxing, because it is attached to the first: without prejudice to the usucapión of particular goods. That is, the action stays alive even if some property or specific good has already consolidated in another’s name with the passage of time. If the goods no longer exist or cannot be delivered, Article 1594 orders payment of a sum equivalent to their value plus damages. And if whoever holds them knew — or ought to have known — that there were preferential or concurrent heirs unaware of their calling, that paragraph defines them as a possessor in bad faith. These articles do not say before which court it is filed, nor in what form, nor what it costs, nor how the equivalent value is calculated. The apparent heir’s rights are in the next guide on this site. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Quoting Article 1593 only halfway: the imprescriptibility comes with “without prejudice to the usucapión of particular goods”.
- Believing that if the action does not lapse all goods remain recoverable: adverse possession may have completed on some.
- Thinking the whole inheritance must be claimed: Article 1592 admits partial delivery.
- Using this action against someone who does not possess under a successory title: the article describes the apparent heir.
- Forgetting the defendant’s second trait: that they deny the petitioner’s right.
- Believing one must prove the possessor knew: Article 1594 says “knows or ought to know”.
- Assuming the possessor’s knowledge alone makes bad faith: the other heirs must also not know they were called.
- Looking in this chapter for the rules on fruits and improvements: Article 1594 refers to the effects of the real relations.
Frequently asked questions
Does the right to claim an inheritance lapse?
Article 1593 says the action of petition of inheritance is imprescriptible, without prejudice to the usucapión of particular goods.
What exactly does the petition of inheritance ask for?
Article 1592 says it requests the recognition of the title of heir and the total or partial delivery of the inheritance.
And if the goods can no longer be delivered?
Article 1594 says it will be complied with by the payment of a sum equivalent to their value and of the indemnity for damages.
When is whoever holds the inheritance in bad faith?
Article 1594 says a possessor in bad faith is the person who knows or ought to know of the existence of preferential or concurrent heirs who do not know they are called to the inheritance.
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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