In short
Accepting an inheritance is not always something one does on purpose. Article 1579 says acceptance may be express or tacit: the express one is that made by the person called in a public or private document, and the tacit one is that made by acts that necessarily suppose the will to accept, or that they would have had no right to perform except in their capacity as heir. Article 1580 names three acts that accept tacitly: donating or transferring for value the right to the inheritance or to any of its goods; renouncing in favour of one or some of those called; and taking or hiding goods of the inheritance. Article 1581 makes the opposite list, and it is the reassuring one: whoever performs possessory acts, or acts of conservation, surveillance or administration does not accept tacitly, nor does whoever pays the taxes that burden the succession — unless by such acts they take the title or the quality of heir. Nor does whoever renounces gratuitously in favour of the persons to whom the renouncer’s share is transmitted. Compare that paragraph with paragraph (b) of 1580: renouncing while pointing at one or some is accepting; renouncing for free and letting the share fall where it was already going to fall is not. Article 1578 adds time pressure: after thirty days from the delación, any interested person may ask the court to set the person called a term, not exceeding thirty days, to say whether they accept or repudiate. The court will warn them that if the term passes without a declaration, it will be taken as accepted. Silence does not repudiate. Before all that, two articles say who may decide — Article 1576 requires having no restriction to act, and minors and incapacitated persons need the assistance the law requires; 1577 puts the juridical person’s legitimate representative in charge — and two more settle double callings: 1574 allows accepting as heir and repudiating as legatee, and 1575 warns that repudiating under the will also sweeps the calling by law, unless the contrary is stated in the same act.
What is it?
They are Articles 1574 to 1581 of the Civil Code of 2020: who may accept, the term the court may set, express and tacit acceptance, and the list of acts that do not accept.
Who can do it?
Whoever is called to an inheritance and has not decided yet, and whoever has an interest in that person deciding at last.
Requirements
- The person who has no restriction to act may accept or repudiate; minors and incapacitated persons need the assistance the law requires.Verified against the official source
- After 30 days from the delación, any interested person may ask the court to set the person called a term, not exceeding 30 days.Verified against the official source
- If that term passes without the person called declaring their will, the inheritance will be taken as accepted.Verified against the official source
- Express acceptance is made in a public or private document; the tacit one, by the acts of Article 1580.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Who may decide
Article 1576: the person who has no restriction to act. Minors and incapacitated persons need the assistance the law requires; the Code does not name that law here.
Step 2: If the one called is an entity
Article 1577: the legitimate representative of a juridical person with capacity to acquire may accept or repudiate.
Step 3: Heir and legatee at once
Article 1574: whoever is called simultaneously as heir and legatee may accept under one heading and repudiate under the other. It is the only seam in the ban on partial acceptance.
Step 4: Called by will and by law
Article 1575: whoever repudiates under the first title is understood to repudiate under both, unless in the same act they declare their will to accept the calling by law.
Step 5: And taking that exit carries the strings
Closing of 1575: in that case the person called is subject to the same modalities, limitations and obligations the testator imposed.
Step 6: When someone presses you: the interpellation
Article 1578: after thirty days from the delación, any interested person may ask the court to set you a term to say whether you accept or repudiate.
Step 7: The term has a ceiling
The same article: that term shall not exceed thirty days. There are two thirty-day windows: the wait before requesting it, and the one the court may grant.
Step 8: Staying silent is accepting
Closing of 1578: the court will warn the person called that if the term passes without a declaration of will, it will be taken as accepted. Silence does not repudiate.
Step 9: Express acceptance
Article 1579: that made by the person called in a public or private document. No notary is required for it to hold.
Step 10: Tacit acceptance
The same article: that made by acts that necessarily suppose the will to accept, or that they would have had no right to perform except in their capacity as heir.
Step 11: The three acts that accept
Article 1580: donating or transferring for value the right to the inheritance or to any of its goods; renouncing in favour of one or some of those called; and taking or hiding goods of the inheritance.
Step 12: The acts that do not accept
Article 1581: possessory acts, acts of conservation, surveillance or administration, and paying the taxes that burden the succession. With one caveat: unless by such acts one takes the title or the quality of heir.
Step 13: Renouncing for free does not accept either
Second paragraph of 1581: the person called who renounces gratuitously in favour of the persons to whom the renouncer’s share is transmitted does not accept tacitly. Compare it with 1580(b): pointing at one or some does accept.
Where to do it
Only one article in this group leads to court: 1578, when an interested person asks that a term be set for the one called. The Code does not say there who counts as an interested person, nor how that request is filed, nor what it costs, and this guide does not assume it. Express acceptance is made in a public or private document, without going through any agency.
How long it takes
What to do if something goes wrong
If a court notice reached you setting a term, read the warning: Article 1578 says that if you let the term pass without saying anything, the inheritance is taken as accepted. Staying silent is not repudiating. If you worry you accepted without realising by looking after the house or paying taxes, Article 1581 says those acts do not accept, unless by them you took the title or the quality of heir. If what you did was renounce in favour of your siblings by name, see Article 1580(b): that is tacit acceptance, and once the inheritance is accepted Article 1571 makes it irrevocable. These articles do not name the law on assistance to minors and incapacitated persons, do not say who is an interested person, do not define taking the title or quality of heir, and do not list the taxes that burden the succession. The form of repudiating is in the repudiation guide. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing silence before the court’s term amounts to repudiating: Article 1578 takes it as accepted.
- Thinking one must wait longer than the Code says to request the interpellation: it is thirty days from the delación.
- Assuming the court may grant a long term: it shall not exceed thirty days.
- Renouncing in favour of one or some heirs by name believing it is not acceptance: Article 1580(b) says it is.
- Fearing that looking after the house or paying the succession’s taxes is accepting: Article 1581 says it is not, unless one takes the title of heir.
- Believing express acceptance requires a public deed: Article 1579 admits a private document.
- Repudiating under the will thinking the calling by law is kept: it must be said in the same act.
- Forgetting that taking that exit in Article 1575 carries the modalities, limitations and obligations the testator imposed.
Frequently asked questions
What happens if I do not answer whether I accept or repudiate?
Article 1578 says the court will warn the person called that if the set term passes without a declaration of will, it will be taken as accepted.
Can I be forced to decide?
Article 1578 allows that, thirty days after the delación, any interested person ask the court to set you a term, not exceeding thirty days.
Is paying the succession’s taxes accepting the inheritance?
Article 1581 says the inheritance is not tacitly accepted when the person called pays the taxes that burden the succession, unless by such acts they take the title or the quality of heir.
Does renouncing in favour of my siblings count as accepting?
It depends how. Article 1580(b) says the inheritance is tacitly accepted by renouncing in favour of one or some of those called. Article 1581 says it is not accepted by renouncing gratuitously in favour of the persons to whom the renouncer’s share is transmitted.
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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Accepting or repudiating an inheritance cannot be partial, timed or conditional
Article 1573 of the Civil Code of 2020 forbids it, and 1571 adds that acceptance and repudiation are unilateral and irrevocable acts.
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.
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.
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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.
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.
Declaration of heirs: what it is and the two routes to request it
When someone dies without a will, the declaration establishes who inherits. Since Act 282-1999 it can be processed before a notary or the court: you choose.