Inheritance, Probate & Wills · Portugal
Your Inheritance, Probate & Wills lawyers in Portugal
Facing a succession matter in Portugal? Our free matching service connects you with a Bar-registered lawyer who understands forced heirship, stamp duty and property registration. Tell us your needs and receive a shortlist of qualified specialists without obligation.
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Why it matters
Understand Portuguese succession law with the right lawyer
Dealing with succession, probate or a will in Portugal involves civil-law rules, forced heirship and specific tax and registry formalities. If you are an heir, executor or someone planning an estate with a Portuguese connection, our free matching service connects you with Inheritance, Probate & Wills lawyers in Portugal who are registered with the Ordem dos Advogados. They can guide you through the compulsory reporting of the death to the tax authority, the sharing of the estate under the legítima rules, and the notarial and land-registry steps for Portuguese real property. We do not provide legal advice ourselves; we help you find a qualified lawyer quickly and without obligation. Our service is free and available throughout Portugal.
Portugal at a glance
How inheritance, probate and wills work in Portugal
Portugal follows a civil-law system based on the Civil Code, with succession and probate matters heard in the judicial courts. The rules on forced heirship, stamp duty and property registration create specific obligations that depend on family status, residence and asset location. Below is a factual overview of the main features you should discuss with a registered lawyer.
Civil-law court structure
Portugal applies a Romano-Germanic legal system built on written codes, primarily the Civil Code and the Civil Procedure Code. Inheritance and probate disputes are heard at first instance by the judicial courts, organised into 23 comarcas, with appeals to the five Courts of Appeal and the Supreme Court of Justice. Case law guides interpretation but is not binding precedent.
Only Ordem dos Advogados members may act
In Portugal, the practice of law and representation before the courts are reserved to lawyers registered with the Ordem dos Advogados (Portuguese Bar Association). Anyone performing reserved acts without such registration commits procuradoria ilícita, a criminal offence under Law 49/2004. This means your inheritance, probate or wills matter should be handled by a qualified Bar-registered lawyer.
Forced heirship limits free disposal
Portuguese succession law reserves a forced share (legítima) for the spouse, descendants and ascendants under Article 2156 of the Civil Code. Where spouse and children compete, the reserved portion is two-thirds of the estate; without a surviving spouse, children’s legítima is one half or two thirds depending on their number. This materially restricts testamentary freedom.
No inheritance tax, but stamp duty may apply
Portugal abolished inheritance and gift tax in 2004. Gratuitous transfers of assets are now subject to Stamp Duty under the Stamp Duty Code at a single rate of 10%, but the spouse or de facto partner, descendants and ascendants are exempt. Other beneficiaries pay 10%. The death must be reported to the tax authority by the end of the third month after death, even when heirs are exempt.
Property: notarial and registry formalities
Rights over immovable property in Portugal must be registered in the Land Registry, governed by the Land Registry Code, which provides publicity and protection of third parties. Transfers and encumbrances of real property, including those arising from an inheritance, are typically formalised by public deed or authenticated private document and completed through registration.
Court fees and legal aid
Court fees in Portugal are expressed in Unidade de Conta, updated annually in line with the social support index, and are calculated according to the value and complexity of the case. Lawyers’ fees are freely agreed with the client; there are no binding official tariffs. Legal aid may be granted to those who demonstrate economic insufficiency, covering exemption from court fees and appointment of a lawyer.
Key time limit — Inheritance, Probate & Wills
Inheritance / stamp duty reporting after death — By the end of the 3rd month after death. Death must be reported to the tax authority by this deadline, even when heirs are exempt from stamp duty.
Data compiled from official Portuguese government sources, the Portuguese Bar Association and the European e-Justice portal; all facts were verified against the linked documents as of May 2026.
Common challenges
Why succession in Portugal can feel overwhelming
These are the issues our matched lawyers help you resolve.
Forced heirship confusion
Portuguese law reserves a large share of your estate for forced heirs, and the exact fraction depends on who survives you. Misunderstanding these rules can lead to family disputes or a will that is partially ineffective.
Deadline pressure after a death
The death must be reported to the Portuguese tax authority by the end of the third month, and property transfers require notarial and registry steps. Missing these formalities can delay the estate settlement and create unnecessary costs.
Cross-border complexities
If the deceased lived abroad or owned property in multiple countries, you may face competing inheritance laws, choice-of-law questions under EU Regulation 650/2012, and the need to coordinate Portuguese and foreign procedures.
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Bar-registered specialists
Every lawyer we recommend is a member of the Ordem dos Advogados, the Portuguese Bar Association, and is authorised to handle inheritance, probate and wills matters before Portuguese courts.
Free, no-obligation matching
Our service costs nothing. We review your situation and match you with lawyers whose experience fits your needs, so you can compare your options without pressure.
Local knowledge of registries and notaries
Portuguese real estate and probate often require notarial deeds and Land Registry entries. The lawyers in our network understand these formalities and can coordinate them for you.
Clear guidance on costs and deadlines
Your lawyer can explain court fees expressed in Unidade de Conta, stamp duty exemptions, legal aid options and the key dates you need to respect, helping you budget realistically.
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Questions
Inheritance, probate and wills in Portugal: FAQs
What do Inheritance, Probate & Wills lawyers in Portugal do?
They advise on succession planning, draft wills, handle probate and estate administration, represent heirs or executors in judicial proceedings, and coordinate tax reporting and property registration. Because only Bar-registered lawyers may perform these acts, our service connects you with qualified Portuguese lawyers.
Who are the forced heirs under Portuguese law?
Forced heirs are the spouse, descendants and ascendants. A reserved share, the legítima, cannot be freely disposed of by will. The exact fraction depends on which forced heirs survive; for example, spouse and children together reserve two-thirds of the estate.
Is there inheritance tax in Portugal?
No. Portugal abolished inheritance tax in 2004. Gratuitous transfers are subject to Stamp Duty at 10%, but the spouse or de facto partner, descendants and ascendants are exempt. Other beneficiaries pay 10%, and the death must be reported by the end of the third month.
How long do I have to report a death for tax purposes?
The death must be reported to the Portuguese tax authority by the end of the third month after death. This obligation applies even when the heirs are exempt from Stamp Duty, so it is important to gather documents and contact a lawyer promptly.
Can I choose my national law to govern my succession in Portugal?
Yes, under EU Regulation 650/2012 you may elect your national law to govern your succession as a whole. This election can affect forced heirship and the distribution of Portuguese assets, so it should be made with professional advice.
What happens if I need to challenge a will or an estate decision in Portugal?
Contentious succession matters are heard in Portuguese judicial courts, with appeals to the Courts of Appeal and the Supreme Court. The general appeal period is 30 days, or 15 days in urgent proceedings. A lawyer can assess your position and deadlines.
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