United States · Portugal inheritance
Inheritance in Portugal for US heirs
Portuguese legal support for heirs in the United States who need to deal with an inheritance, property or other assets located in Portugal.
Can the Portuguese side be handled while you remain in the United States?
Often, many Portuguese steps can be coordinated through a lawyer and, where legally appropriate, by power of attorney. Whether travel is required depends on the documents, acts and formalities involved in the particular estate.
Mendes & Silva advises on the Portuguese side of the matter. US probate, tax and reporting issues should be coordinated with appropriately qualified US advisers when relevant.
A cross-border inheritance needs a Portuguese plan, not just a translation of a US probate file
An inheritance involving Portugal and the United States may include Portuguese assets, US probate documents, heirs in several jurisdictions and questions about which law applies. The first step is to identify the deceased’s connections, the assets in Portugal, the documents already available and the practical objective of the heirs. From there, the Portuguese work can be organised in a clear sequence.
When we can assist
Common inheritance situations involving Portugal and the US
The Portuguese steps depend on the estate, the deceased’s circumstances and what has already happened in the United States. These are some of the situations in which Portuguese legal support may be useful.
You inherited a house or apartment in Portugal
Review of the inheritance position and the property’s legal and registration status, including steps towards regularisation, division or a possible sale.
The deceased lived in the United States but owned assets in Portugal
Assessment of the Portuguese side of the succession, the documents already issued in the United States and the steps required in Portugal.
Some heirs are in the US and others are in Portugal or elsewhere
Coordination of Portuguese legal steps where heirs are distributed across different countries and need a consistent process.
You have US death, will or probate documents
Review of how foreign documents may be used in Portugal and which certification, apostille, legalisation or translation formalities may be required.
The heirs disagree or the estate remains undivided
Analysis of the Portuguese assets, the position of the heirs and the legally available routes towards division or another appropriate solution.
You want to sell inherited assets in Portugal
Coordination of the succession and registration steps that may be needed before or alongside the legal preparation of a possible sale.
Working from the United States
How the Portuguese side can be organised
The sequence varies from case to case, but cross-border matters are easier to manage when the Portuguese work is separated into clear stages.
Map the links between Portugal and the US
Identify the deceased’s last habitual residence, nationality or nationalities, any will, known heirs, US probate steps and assets located in Portugal.
Review documents and formalities
Assess the documents issued in the United States and identify any certification, apostille, translation or other formalities needed for use in Portugal.
Coordinate representation in Portugal
Where legally possible and appropriate, organise the Portuguese steps through a lawyer and suitable powers of representation, reducing unnecessary travel.
Regularise, divide or prepare the next transaction
Proceed with the Portuguese succession work, asset regularisation, division between heirs, negotiations or preparation for a future sale, according to the case.
Portuguese legal support
What may be reviewed and coordinated in Portugal
The exact scope depends on the estate and the work already completed in the United States. Where appropriate, our Portuguese legal support may include:
Initial assessment of the succession and the elements connecting the matter with Portugal and the United States.
Review of available death, will, probate and heirship documents for their intended use in Portugal.
Assessment of the formalities required for US-issued documents to be accepted in Portuguese procedures.
Preparation or review of powers of attorney and representation arrangements for Portuguese legal steps, when appropriate.
Coordination of Portuguese succession formalities and dealings with relevant registries, notarial services and other Portuguese entities.
Review and regularisation of inherited real estate and other identified assets located in Portugal.
Support with division of the estate, undivided inheritance matters and negotiations between heirs.
Legal preparation for a possible transfer or sale of inherited Portuguese assets where this is the heirs’ objective.
The applicable law is not determined only by where the property is located
In an international succession, the deceased’s habitual residence, nationality, any valid choice of law and private international law rules may all be relevant. A Portuguese asset does not automatically mean that Portuguese succession law governs every aspect of the estate.
US documents may need additional formalities in Portugal
Depending on the document and the Portuguese procedure, certification, an apostille, translation or other formalities may be required before a US-issued document can be used effectively in Portugal.
Portuguese legal work and US tax or probate advice are separate
A cross-border estate may also trigger US probate, tax or reporting questions. We coordinate the Portuguese legal work and, where needed, the client should obtain US advice from an appropriately qualified professional.
Initial contact
Information useful for an initial review involving Portugal and the US
You do not need to have everything before contacting us. Where available, the following information helps us understand the matter more quickly.
Full name of the deceased, date of death and last habitual residence
US state in which the deceased lived and whether probate or another estate process has started there
Nationality or nationalities of the deceased, if known
Your relationship to the deceased and the US state in which you currently live
Known heirs and the countries in which they live
Information about any will and copies of US probate or court documents already issued, if available
Description of assets in Portugal, particularly real estate, bank assets or other identified property
Your main objective: regularise the inheritance, divide the estate, resolve a disagreement, keep the assets or prepare a sale
Related services
Other legal support for inheritance matters in Portugal
An inheritance may involve several connected issues. These pages help frame the situation, organise documents and prepare the next steps in Portugal.
Main page
Inheritance in Portugal
Overview of legal support for inheritance and succession matters connected with Portugal.
View main pageHeirs abroad
Inheritance in Portugal for heirs living abroad
Representation and coordination in Portugal when one or more heirs live in another country.
View international supportHeirship declaration
Heirship declaration in Portugal
Formal identification of the heirs, succession documents, wills and representation where applicable.
View heirship declarationUndivided estate
Undivided inheritance in Portugal
Support when the estate remains undivided or the heirs disagree about how the assets should be dealt with.
View undivided inheritanceEstate division
Inheritance division in Portugal
Preparation, negotiation and formalisation of the division of inherited assets between the interested parties.
View inheritance divisionReal estate
Inherited property in Portugal
Succession and registration work for inherited property, including preparation for division, allocation or a future sale.
View inherited propertyNext step
Need help with an inheritance in Portugal?
Send a brief description of the situation, where you live, the known heirs and the assets located in Portugal.
Send initial informationNext step
Are you in the United States with an inheritance or inherited assets in Portugal?
Send us a short summary identifying the deceased, your relationship to them, the US state involved, the known heirs, the Portuguese assets and any steps already taken. We can then indicate the appropriate next stage for the Portuguese side of the matter.
FAQ
Common questions from US heirs with assets in Portugal
Can I handle a Portuguese inheritance while I remain in the United States?
Often, yes. Many Portuguese legal and administrative steps may be coordinated through a lawyer and, where appropriate, under a power of attorney. Whether you need to travel depends on the specific acts, documents and formalities involved in the estate.
If I inherited property in Portugal, does Portuguese law automatically govern the inheritance?
No. Under the EU Succession Regulation, the general connecting factor for the law governing a succession is the deceased’s habitual residence at the time of death, subject to the Regulation’s other rules, including a possible valid choice of law. The Regulation has universal application, so the law identified may be the law of a non-EU country. The circumstances of the particular estate therefore need to be reviewed.
What if the deceased was living in the United States when they died?
That fact may be highly relevant to the applicable-law analysis, but it does not remove the need to deal with Portuguese assets and Portuguese formalities. Because the United States has different state legal systems, the relevant US state and its conflict-of-laws rules may also matter in a cross-border succession analysis.
Can a US death certificate, will or probate document be used in Portugal?
Potentially, yes, but the formalities depend on the document and the purpose for which it will be used. An apostille, certification, translation or other formal step may be required before a US-issued document is accepted in a Portuguese procedure.
Can Mendes & Silva handle the US probate or US tax side of the estate?
Our work is focused on the Portuguese legal side of the inheritance. Where the estate also requires advice on US probate, federal or state tax, or US reporting obligations, that work should be handled or confirmed by an appropriately qualified US professional and coordinated with the Portuguese process where necessary.
Can a Portuguese inheritance create US reporting obligations?
It can. US persons may have federal reporting obligations in connection with certain foreign gifts, bequests, trusts or inherited assets. For example, Form 3520 can be relevant in some foreign gift or bequest situations. The applicable US requirements should be confirmed with a US tax adviser because they depend on the facts and may change over time.
What Portuguese tax issues should I expect?
Portugal applies Stamp Duty rules to gratuitous transfers rather than a separate inheritance tax bearing that name. Certain close family members, including a spouse or qualifying de facto partner, descendants and ascendants, benefit from an exemption from the 10% Stamp Duty charge on gratuitous transfers, although reporting obligations can still apply. The tax position must be checked against the assets and the beneficiary’s relationship to the deceased.
Can you help if I want to sell the inherited property in Portugal?
Yes, where the scope is agreed. The succession and registration position normally needs to be understood first. We can then coordinate the Portuguese legal steps required for regularisation, division or allocation of the property and, where appropriate, the legal preparation of a future sale.
What should I send in my first message?
Start with the deceased’s name, date of death, last place of residence, your relationship to them, the US state involved, known heirs, assets located in Portugal, any will or probate documents and what you want to achieve. We can then identify which documents are useful for a fuller review.
Prefer to send the information first?
You can send an initial message with the deceased’s details, the US state involved, your relationship to the deceased, known heirs, assets in Portugal and any documents already available.
Send initial information