Short answer. Yes. The Civil Code gives a deaf-mute heir who can read and write the same choice as any other heir: accept or repudiate the inheritance personally, or through an agent acting on their behalf. That option depends specifically on the ability to read and write, not on the disability by itself.

What the law says

Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent.

Civil Code, Article 1048 — Deaf-Mutes. Read the full provision →

The rule for a deaf-mute heir who can read and write

The Civil Code addresses this directly. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Being deaf and mute does not, by itself, take away an heir's capacity to decide what to do with an inheritance. The law treats literacy, not the ability to hear or speak, as the relevant condition for deciding whether the heir can act alone or through a representative.

This means such an heir is free to sign the acceptance or repudiation themselves, or to appoint someone else, an agent, to do it on their behalf. Both routes are equally valid; the law does not prefer one over the other.

What changes if the heir cannot read or write

The same provision draws a clear line for a deaf-mute who cannot read or write. In that situation the inheritance is instead accepted by the heir's guardian, and if the guardian wants to repudiate it instead, that requires judicial approval before it can take effect. Repudiation is treated more cautiously than acceptance because it can permanently give up property that would otherwise belong to the heir.

The two scenarios use different actors for a reason: an heir who can read and write is presumed capable of understanding what acceptance or repudiation means, while one who cannot needs a guardian, and court oversight specifically when the choice is to give the inheritance up.

Using an agent in practice

When a deaf-mute heir who can read and write chooses to act through an agent, the agent is simply carrying out instructions on the heir's behalf, the same as an agent would for any other principal under a general power of attorney or a specific authorization to accept or repudiate that particular inheritance. The heir remains the one making the underlying decision.

Because acceptance and repudiation of an inheritance have permanent legal consequences, whoever prepares the authorization for an agent to act should make sure it clearly covers this specific act, rather than relying on vague or general wording.

What this means for the heir and the family

For families dealing with a deaf-mute relative who is part of an inheritance, the practical takeaway is that literacy, not the disability, decides whether that relative can act alone or must go through a guardian. If the heir can read and write, no guardian or court approval is needed for them to accept or repudiate, whether personally or through an agent they choose.

Anyone unsure which category applies, or how to properly document acceptance or repudiation through an agent, should have the documentation reviewed before it is signed, since a defective repudiation in particular can be difficult to undo later.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.