Inheriting is neither automatic nor mandatory: every heir may accept or renounce a Portuguese estate. The big change that went unnoticed: the 2026 law cuts the time to decide from 10 years to 2 — a countdown that will catch many diaspora families off guard.
Your three options
- Accept outright — you inherit the assets and answer for debts up to the value of the estate;
- Accept under benefit of inventory — liability strictly limited to the inventoried assets; recommended whenever the debts are unclear;
- Renounce — you give up everything; your share passes to the next heirs in line — often your own children, who must then decide too (minors need specific authorisations).
What the 2-year deadline changes
Until now an estate could float undecided for a decade. Under the new rule, inaction becomes risky: after 2 years, any interested party can have a silent heir formally notified to decide — and silence has consequences. For families abroad, where village news arrives late, it is one more clock to watch.
Check before deciding
- The liabilities: tax debts, bank debts, condominium charges in Portugal;
- Renunciation is irrevocable — and may have tax effects in your home country;
- Cascading estates (grandparents → parents → you): each link has its own deadline;
- The impact on your children if you renounce.
When in doubt: accept under benefit of inventory, and get a serious picture first — HERDA's estate report includes the registered charges and debts on the estate's properties.