Short answer. Yes. Article 1095 gives you five years from the partition to enforce the co-heirs' warranty of the debtor's solvency. Co-heirs answer only for insolvency that already existed at partition, not insolvency that arose afterward, and that window closes once the five years passes.
What the law says
If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made.
Civil Code, Article 1095 — Assigned Credits. Read the full provision →
What the law says
The warranty of the solvency of the debtor can only be enforced during the five years following the partition.
Civil Code, Article 1095 — Assigned Credits. Read the full provision →
The warranty only covers insolvency that already existed
Article 1095 draws a sharp line based on timing. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. If the debtor was solvent when the estate was divided and only became insolvent afterward, that later insolvency is not something the co-heirs warranted, and you generally bear that loss alone. The warranty protects against a debtor who was already a bad risk at the moment of partition, not against later misfortune.
Five years is the enforcement window
Assuming the insolvency did exist at partition, the right to make the co-heirs share the loss does not last indefinitely. The warranty of the solvency of the debtor can only be enforced during the five years following the partition. That five-year clock runs from the date of partition itself, not from when you discovered the debtor was insolvent or from when collection efforts failed. Once the five years have run, the warranty can no longer be enforced even if the insolvency at partition can still be proven.
What you need to establish before the deadline
To make co-heirs share this loss, you need to show that the debtor was actually insolvent — unable to pay — at the time the estate was partitioned, not merely a slow payer or someone who later fell on hard times. Evidence of the debtor's financial condition at or near the partition date is what matters, and gathering that evidence and asserting the claim within the five-year period should not be left until the deadline is close.
A separate exception: bad debts you knew about
The article also carves out debts you already knew were bad and accepted anyway as part of your share — co-heirs do not warrant those regardless of timing. That is a different question from the five-year period: even within the five years, if you accepted the credit knowing the debtor was already a poor risk, the warranty does not apply to that specific debt at all.