The documents you need to sell the inherited house (full checklist)

Updated 3 August 2026
Where does the law stand today? Passed in the final parliamentary vote on 17 July 2026. It also applies to estates already open and still undivided. It now awaits presidential promulgation and implementing decrees — it is not yet in force. Now is the time to prepare your file.

Half the delays in sales of inherited houses come from missing documents discovered at the last minute, with a buyer waiting. Here is the complete checklist, in the right order — seen from abroad.

1. Estate documents

  • Habilitação de herdeiros (the Portuguese heirs' deed);
  • The Portuguese tax filing and proof of exemption/payment;
  • Powers of attorney from heirs abroad (consulate, or local notary + apostille);
  • A Portuguese NIF for every heir.

2. Property documents

  • Certidão permanente from the land registry — registered owners, mortgages, liens (a few euros online; the simplified report costs €1);
  • Caderneta predial — the property's tax record;
  • Use licence from the municipality (or proof of pre-1951 construction);
  • Energy certificate — mandatory before even advertising;
  • Housing technical file (post-2004 builds).

3. The classic traps of emigrant estates

  • Property never registered in the deceased's name (or the grandfather's before him): the chain of registrations must be rebuilt first;
  • Floor areas that differ between registry, tax record and reality;
  • Never-declared annexes or extensions;
  • Years of accumulated IMI arrears.

How long does it take?

With a clean file: days. With registrations to rebuild: months — which is why you start before looking for a buyer, and before the new law starts its clocks. HERDA audits your file within 72 hours and tells you exactly what is missing and how to obtain it remotely.

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This guide is general information and does not constitute legal advice. For legal acts, HERDA works with independent partner lawyers. Law status verified at the date of publication.