Succession in Portugal: 5 key steps to know

The loss of a loved one is a complicated time, and during this difficult period you also have to deal with numerous administrative formalities, particularly concerning inheritance in Portugal. This can quickly become complicated, and even more so when you’re not on the spot and the procedures are foreign.

To be transparent with you, I hadn’t really planned to write this article, but I noticed that there were a lot of questions on this subject on the“Lovers of Portugal” group. So I’m going to try and share with you a few key steps concerning succession in Portugal. Please note that I won’t go into too much detail, and that each succession has its own specificities.

Registering the death

Within 48 hours of death, you need to register the death, which is done by the doctor who confirms the death. The latter will issue a free certificate, which is sent directly by internet to theIRN (Instituto dos registos e do notoriado). This document identifies the deceased, the date, place and time.

This registration will then enable the heirs to obtain a death certificate from the “Conservatória”, the Portuguese registry office, or from a “Loja do Cidadão” or an IRN registry office.

Recognizing heirs

Once the death is official, the question of beneficiaries arises. The spouse, the executor, a relative or the testamentary heir will have to make an “escritura” at a notary’s office or at the “Balcão de Heranças” to recognize the heirs.

This recognition of heirs, called “habilitação de herdeiros”, is a document that identifies the successors to the estate left by the deceased. This procedure costs between 140€ and 200€.

The executor of the will, known as the “cabeça-de-casal”, will be responsible for managing the inheritance until the assets are distributed.

The following documents are required for this recognition of heirs:

• The death certificate (mentioned in the previous point),
• The birth and marriage certificates of the heirs,
• The contents of the will (if any).

If there is no will, the inheritance is left to the rightful heirs, in the following order of distribution:

1. Spouse and descendants (children, grandchildren)
2. Spouse and ascendants (parents and grandparents)
3. Brothers and sisters and their descendants
4. Other distant relatives up to the 4th degree (first cousins, great uncles and great nephews and nieces)
5. State.

If the deceased left debts, these also form part of the estate, and someone will have to be responsible for repaying them. However, it is important to note that an heir may accept or refuse the inheritance. If he refuses, he must certify this in writing.

Drawing up a list of assets

The third step is to draw up a list of the assets to be distributed. This process is carried out by the executor.

If there is agreement between the heirs, all they have to do is go to a notary or the Balcão de Heranças (inheritance office) or via the inventarios.pt platform.

On the other hand, it will be compulsory to draw up an inventory:

• in the event of disagreement between heirs over the division of property,
• if the deceased’s debts exceed the value of the inheritance left,
• if the heirs are minors or infirm.

As part of this inventory, all assets left by the deceased and their values are listed: