Inventário: the procedure that (slowly) unblocks contested estates

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.

When heirs cannot agree — or when there are minors, protected adults or missing heirs — the amicable division is out of reach. The classic route is the inventário: effective, but slow and expensive. Know what you are stepping into.

When the inventário is the path

  • An heir refuses to divide or never answers;
  • Minor or protected heirs (the public prosecutor intervenes);
  • Disputes over what assets exist or what they are worth;
  • Creditors requesting separation of estates.

How it unfolds

  1. Filing (with an authorised notary or the court);
  2. Appointment of the estate head and the asset inventory;
  3. Citation of every interested party — including those abroad (international notifications: months);
  4. Challenges, expert valuations, then the interested-parties conference: allocations and internal bidding among heirs;
  5. Approval of the division and registrations.

Realistic costs and duration

Between fees, lawyers and valuations, an inventário easily consumes several thousand euros — and years (3 to 10 is not rare). Meanwhile the house stays undivided, decaying, and taxed.

What the 2026 law changes

The new sale procedure for properties in undivided estates offers a faster, property-focused alternative: amicable window, valuation, auction, family buy-back. The inventário will remain for full divisions — but heirs who only want to "solve the house" will have a more direct tool. And where an inventário is already pending, the new procedure can even be triggered immediately: assess your position before another heir does it for you.

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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.