Inheritance qualification in Portugal, or “habilitação de herdeiros,” is a legal process that identifies the rightful heirs of a deceased person and confirms that no one else can claim the inheritance. This comprehensive guide will explore who can request inheritance qualification, the necessary documents and requirements, the process itself, deadlines, costs, supporting legislation, and more.
Table of Contents
- Who Can Request Inheritance Qualification in Portugal?
- Documents and Requirements
- Requesting Deadline
- How to Request Inheritance Qualification in Portugal
- Cost of Inheritance Qualification in Portugal
- Supporting Legislation
- Example Case of Inheritance Qualification in Portugal
- Conclusion
Who Can Request Inheritance Qualification in Portugal?
Inheritance qualification in Portugal can be requested by:
- The “cabeça-de-casal” (head of the family)
- The legal representative of the “cabeça-de-casal”
- A person acting under a mandate or power of attorney on behalf of the “cabeça-de-casal”
The cabeça-de-casal is typically the spouse, closest relative, or another person designated by the family. This individual is responsible for managing and distributing the deceased’s estate.
Documents and Requirements:
To request inheritance qualification in Portugal, specific documents must be presented. The required documents can vary depending on the location where the request is made.
At a Notary Office
- Death certificate of the deceased
- Documents proving legitimate succession (e.g., marriage certificate if the deceased was married, birth certificates of all heirs)
- Certified copy of the will (if one exists) or the deed of donation upon death (if applicable)
- Proof of payment of the Stamp Duty, if the will involves property and the tax was not paid at the notary office
At a Death Registration Office or Inheritance Service Desk
- Identification documents of all heirs
- Tax identification numbers of all heirs
- A list of all assets belonging to the deceased
- Details of how the assets will be distributed among the heirs
Deadline for Requesting Inheritance Qualification in Portugal
Although not mandatory, it is advisable to initiate the inheritance qualification process within three months of the death. If the process starts later, the Institute of Registries and Notary (IRN) will notify the tax authorities, who may impose fines.
How to Request Inheritance Qualification in Portugal
The inheritance qualification process must be requested in person at one of the following locations:
- Death Registration Office
- Notary Office
- Inheritance Service Desk at the Institute of Registries and Notary (IRN), available at Conservatories and Citizen Shops
Steps to Follow:
- Check Required Documents: Ensure you have all necessary documents for the inheritance qualification process.
- Schedule an Appointment: Visit the relevant service desk to schedule an appointment for inheritance qualification and registration. Appointments can also be scheduled online through the Siga portal and the mobile app SigaApp (Android/iOS).
- Submit Documents: If scheduling in person, submit all required documents at the time of the appointment. If scheduling online, mail the necessary documents to the service desk where the appointment is scheduled.
- Document Review: The service desk will review the submitted documents. Additional documents may be requested, and these should be provided at least five business days before the scheduled appointment. If documents cannot be provided on time, a new appointment will be set.
- Finalize Process: On the appointed day, after signing the necessary documents, the assets will be registered in the names of the heirs.
Additional Services:
- The service desk can notify the tax authorities of the death and provide a list of assets.
- Request a tax identification number for the inheritance if one has not already been assigned.
Cost of Inheritance Qualification in Portugal
The cost of requesting inheritance qualification in Portugal is 150 euros. If the heirs are married to each other, an additional 50 euros is added to the base cost. Additional costs may include database consultations by the IRN, ranging from 10 to 25 euros.
Payment Methods:
- Multibanco
- Cash
- Certified check or bank check payable to IRN, I.P. (in euros and drawn on a bank account domiciled in Portugal)
- Postal order in euros payable to IRN, I.P.
Supporting Legislation
Inheritance qualification in Portugal is governed by several legal provisions, ensuring that the process is fair, transparent, and legally binding. The main laws and regulations include:
- Civil Code (Código Civil)
- Notary Code (Código do Notariado)
- Tax Code (Código Tributário)
- Regulations issued by the Institute of Registries and Notary (IRN)
These laws outline the rights and responsibilities of heirs, the procedures for inheritance qualification, and the tax implications of transferring assets.
Case Study: The Silva Family
When Maria Silva passed away, her family needed to undergo the inheritance qualification process to distribute her assets. Maria’s husband, João, was designated as the cabeça-de-casal. He began the process by gathering the necessary documents, including Maria’s death certificate, their marriage certificate, and the birth certificates of their children.
João scheduled an appointment at the local Notary Office using the Siga portal. He submitted the documents in person and received confirmation of the appointment. The Notary Office reviewed the documents and requested additional information regarding a property Maria had owned.
Once all documents were verified, João and his children attended the final appointment. They signed the required forms, and the Notary Office registered the property and other assets in their names. The entire process, including the payment of fees, was completed smoothly.
Key Takeaways:
- Proper documentation is crucial for a smooth inheritance qualification process.
- Scheduling appointments in advance can help manage the timeline effectively.
- Legal advice and assistance from a notary can simplify complex cases.
Conclusion
Inheritance qualification in Portugal is an essential process for distributing the assets of a deceased person among their rightful heirs. Understanding the requirements, deadlines, costs, and procedures can help families navigate this process efficiently. By following the guidelines outlined in this article, you can ensure a smooth and legally compliant inheritance qualification in Portugal.
Whether you’re dealing with a simple case or a complex estate, being well-informed and prepared will make the inheritance qualification process more manageable. Remember to consult with legal professionals if you have any doubts or require additional support.
This comprehensive guide aims to provide clarity on inheritance qualification in Portugal, helping you understand and manage the process with confidence.
Source: ePortugal
Disclaimer: This post is for educational purposes only and reflects our understanding of the topic. Please seek professional advice before making any decision.
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