Declaration of heirs: the first step after a death
To access bank accounts, register assets or deal with the Tax Authority, it is necessary to prove who the heirs are. That is the purpose of the declaration of heirs (habilitação de herdeiros).
After a death, banks, registry offices and the Tax Authority ask for a document proving who the heirs are. That document is the declaration of heirs (habilitação de herdeiros).
Where it is done
- by public deed at a notary's office; or
- at the Inheritance Desk (Balcão das Heranças) of a civil registry office.
The declaration of heirs may be made on its own or, at the same time, together with the partition of the estate, where all the heirs are in agreement.
Documents usually required
- death certificate;
- birth certificates of the heirs and, where applicable, marriage certificates;
- the will, if there is one;
- identification of the person making the declaration (the estate administrator, or cabeça-de-casal, or other heirs) and of witnesses, where required.
A deadline not to be missed
Regardless of whether the declaration of heirs has been made, the estate administrator must notify the Tax Authority of the death and submit the list of assets by the end of the third month following the death. Failure to meet this deadline may result in a fine.
Legal support at every stage
A prior legal assessment is always advisable before starting succession procedures. At RM Advogadas, we assist with the whole process, from notifying the Tax Authority of the death and identifying the assets to the declaration of heirs, the partition of the estate and the full resolution of succession matters.
This article is for information purposes only and does not replace legal advice on your specific case.
Applicable under Portuguese law.
Book a consultation