Short answer. Yes. Under Article 1053, when an heir dies without having accepted or repudiated an inheritance, his right to accept or repudiate passes to his own heirs. The opportunity does not simply disappear — it becomes part of what his heirs inherit from him.
What the law says
If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs.
Civil Code, Article 1053 — Death Before Deciding. Read the full provision →
What transmission of the right means
Your relative stood in line to accept or refuse an inheritance. He died before making that choice. Article 1053 treats his undecided right as an asset of his estate — something that belongs to him and therefore passes to those who inherit from him. You and the other heirs of your relative now hold his right to decide what to do with the underlying inheritance. You did not inherit from the original decedent directly; you inherited the option from your relative.
Each heir of your relative decides separately
If there are several heirs of your relative, each one exercises the transmitted right independently. One may choose to accept his share of the underlying inheritance; another may choose to repudiate it. The decision does not have to be unanimous. Each heir steps into the position of your relative to the extent of his own share in your relative's estate, and exercises his portion of the transmitted right accordingly.
You are accepting — or refusing — two layers
This situation involves a chain: the original inheritance your relative was entitled to, and your relative's own estate that you are inheriting. When you exercise the transmitted right, you are making a decision about the first layer. But accepting the second layer — your relative's estate — does not automatically mean you must accept the first. The two decisions are separate. However, if you repudiate your relative's estate entirely, you would have no standing to exercise the transmitted right either, since that right is part of what you would be refusing.
What the rule does not cover
Article 1053 transmits the right to decide — not the inheritance itself. If your relative had already repudiated the inheritance before dying, there is nothing left to transmit; a repudiation is final and cannot be reversed or inherited. Similarly, if your relative had already accepted, the underlying inheritance became part of his estate and passes to you through ordinary succession rules — not through this article. The transmission under Article 1053 only operates in the gap: death before either decision was made.
Practical steps to take now
Identify both estate proceedings: the one for the original decedent and the one for your relative. The right transmitted under Article 1053 must be exercised in the context of the original estate — you will need to participate in those proceedings to claim or decline the underlying inheritance. Time matters in succession: there are periods within which heirs must act, and delay can create complications. Consulting a lawyer who can map both successions and guide your decision is the advisable next step.