Key point

Before selling an inherited property, establish who the heirs are, who can act for the estate, what is registered and whether everyone agrees to sell. Settling these questions before advertising helps avoid difficult discussions once a buyer is waiting.

Identify the estate and the people who can act

Start with the death certificate, proof of heirs and the tax identification of the estate. The Balcão Heranças service can handle several inheritance formalities, including the habilitação de herdeiros in appropriate cases. The exact route depends on the family and documents.

Do not assume that the person holding the keys can promise the sale. An undivided estate is not the same as each heir already owning a registered slice of the house. Confirm who must consent and who can sign before accepting a deposit or setting a completion date.

Bring the register and tax record up to date

Compare the certidão permanente predial with the Caderneta Predial and the inheritance documents. Names, property description, areas and charges should tell a consistent story. An old mortgage, attachment, usufruct or missing registration can change the sale timetable.

The death and estate must also be reported to the Tax Authority under the applicable procedure. Ask a lawyer, solicitor or accountant to confirm the steps required for the particular estate.

  • Proof of death and heirs
  • Estate tax number and declarations
  • Current land-register certificate and tax record
  • Use, energy and condominium documents
  • Mortgages, attachments, occupation and other liabilities

Agree the terms of the sale with the other heirs

A family agreement should cover more than the asking price. Record who pays urgent expenses, who hosts viewings, how offers are approved and how the net proceeds will be distributed. If one person has paid tax, repairs or mortgage instalments, document the amount rather than postponing the discussion.

Where the heirs disagree, slow the launch down. A public listing cannot create authority that the seller does not have. Independent legal advice is particularly important if somebody occupies the property, refuses the sale or disputes an expense or share.

Calculate the inherited acquisition value correctly

For Portuguese capital-gains purposes, do not assume that the deceased owner’s original purchase price is the acquisition value of an inherited property. Article 45 of the IRS Code refers to the value used for Stamp Duty, or the value that would have been used as its basis. Ownership shares and the acquisition date also matter.

Keep invoices for eligible transaction costs and qualifying improvements. Mortgage repayment affects the cash left at completion, but it is not automatically the same thing as a capital-gains deduction. Ask an accountant to check the estate and each seller’s position before relying on a net figure.

Market the property only after the facts are clear

The advert should be accurate about occupation, condition and anything still being regularised. If furniture or contents remain, make a written inventory and decide what is included. Buyers need one clear answer, not a different version from each heir.

IMOJA can plan and publish the listing, manage enquiries and coordinate the sale. Online Sale + Completion Support is €999 including VAT when the owners host viewings; Full-Service Sale is 2% plus VAT with exclusivity or 3% plus VAT without exclusivity. Inheritance, legal and tax work must be handled by the relevant qualified professionals.

Official sources

Rules and data can change. Check the latest version of each source and how it applies to your property and transaction.

Ready to organise an inherited property sale?

Start with the property and the documents already available. IMOJA will organise the commercial process while the appointed professionals handle inheritance, legal and tax acts.

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