Which is the competent authority?
Who should I contact?

Last update: 10/3/2012

The judicial authorities are the competent authorities for contested successions. Notaries and the civil register (“Registo civil”) are competent for uncontested successions. The court of the district where the succession is opened is competent for all applications relating to a succession. If the succession is opened abroad, the following situations must be taken into consideration:

  • If the deceased has left real estate in Portugal, the court of the district where the property or the majority of the properties are located is competent. If the deceased has not left real estate, the court of the district where most of the personal property is located is competent;
  • If the deceased has not left any assets in Portugal, the court of the country where the deceased had his/her place of residence is competent.

Notaries – as well as the Civil Register (“Registo civil”) – are competent to issue the certificate of inheritance in which the civil law notary certifies the names of the persons with entitlement to the inheritance, in particular where there is a prenuptial agreement or a will.

With effect from 18 January 2010, civil law notaries and Registers (Law 29/2009, of 29/6) are competent for all applications regarding successions.