The habilitação de herdeiros is Portugal's deed of heirs — the official document establishing who inherits. Without it you cannot sell, register property or access accounts in Portugal. It is the mandatory starting point, and no American or British probate document can replace it.
Where it is done
At a Portuguese notary, at the public Balcão das Heranças desk (heirs' deed + division + registrations in one appointment), or in some cases at the registry office. The declarant is usually the "cabeça-de-casal" — the surviving spouse or closest heir.
Documents needed (seen from abroad)
- Death certificate — if issued abroad, it needs an apostille and usually a certified translation;
- Birth/marriage certificates proving kinship — same apostille rules for foreign documents;
- Any will (Portugal's central registry is checked);
- A Portuguese tax number (NIF) for every heir — obtainable remotely;
- ID documents for all heirs.
Costs and timing
The deed itself typically costs €150–€375 (notary or Balcão), plus certificates, apostilles and translations. Do not confuse it with the estate's tax filing in Portugal (stamp-duty return), due within 3 months of death — late filings can be regularised, with possible fines.
Doing it all from abroad
A power of attorney signed at a Portuguese consulate (or notarised locally and apostilled) lets a lawyer or relative handle everything in Portugal. HERDA provides the exact checklist for your country, obtains NIFs, and coordinates independent partner lawyers — no flights required.