Short answer. No, not for the period before death. Article 1075 of the Civil Code provides that fruits and interest on property subject to collation belong to the estate only from the day the succession opens — meaning the date of death. Income earned before death stays with you; you only account for income from the moment of death onward.

What the law says

The fruits and interest of the property subject to collation shall not pertain to the estate except from the day on which the succession is opened.

Civil Code, Article 1075 — Fruits and Interest. Read the full provision →

What collation means

When a person dies, gifts or advances they made to compulsory heirs during their lifetime may be subject to collation — the process of adding those gifts back into the notional estate to ensure every compulsory heir gets their proper share. The idea is that an advance on inheritance is already part of what the heir will receive, so it should be counted when dividing the estate. Collation is not about taking the gift back; it is about accounting for it fairly when the final shares are computed.

Income before death: yours to keep

Article 1075 is clear on the timing: fruits and interest of property subject to collation do not pertain to the estate — and therefore cannot be claimed by co-heirs — until the day the succession opens, which is the day the person who gave the gift died. If your parent gave you a rental property ten years ago and you collected rent every year before they died, that rental income is not subject to collation. It was yours to enjoy as the owner during that period.

Income from the date of death onward

From the day your parent died, the situation changes. Any income earned on property that is subject to collation from that date forward is treated differently. The standard of measurement Article 1075 sets is the fruits and interest of similar estate property of the same kind and quality — meaning the assessment looks at comparable assets in the estate to determine a fair income figure. This prevents an heir who received a productive gift from hiding or understating the income it generated after the succession opened.

Practical significance

This rule matters most when an estate settlement has been delayed for years. If you received a house that generates rental income and your parent died five years ago but the estate has not yet been settled, co-heirs could argue about income during those five years. Article 1075 answers the question: co-heirs can only claim accounting for income earned from the date of death, not from the date of the original gift. What happened before your parent's death is entirely yours. If there is a dispute over the computation, the standard is the income of comparable estate property.

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.