What Is the First Step When Someone Dies Owning Property in Portugal?
Offshore Tax with HTJ.tax · htjtax
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Show Notes
Navigating inheritance procedures in a foreign country can feel overwhelming, especially when real estate is involved. In this episode, we unpack the very first step families must take when someone passes away owning property in Portugal.
The Portuguese succession process has specific legal requirements, and understanding them early can prevent delays, disputes, and costly mistakes.
🔎 In This Episode, You’ll Learn:
1️⃣ Why the Will Certificate Matters
The process begins with requesting the will certificate from the IRN (Instituto dos Registos e do Notariado).
This crucial document confirms:
• Whether a Portuguese will exists
• Whether there are any testamentary dispositions affecting the estate
• Which succession rules must apply
2️⃣ When “Habilitação de Herdeiros” Is Required
If a will exists—or if one does not—the certificate helps determine whether the heirs must initiate the habilitação de herdeiros procedure, the formal process of identifying and recognizing the legal heirs.
3️⃣ Why This First Step Is Essential
Obtaining the will certificate sets the legal foundation for:
• Confirming heirs
• Completing inheritance tax obligations
• Proceeding with property registration
• Ensuring the estate transfer complies with Portuguese law
This episode provides a simple, practical explanation of the first step families and advisors must take when dealing with Portuguese estate matters—especially for foreigners or those with cross-border assets.