On 17 July 2026, Portugal's Parliament passed a law creating a special procedure to sell houses locked in undivided inheritances. It is the biggest change to Portuguese succession law in decades — and it directly affects the estimated 1.3 million Portuguese-Americans, plus heirs across the UK, Canada and beyond, many of whom hold a share of a family house in Portugal that was never formally divided.
What the law allows
Today, one disagreeing (or unreachable) heir can freeze an estate for decades. Under the new law, any co-heir, surviving spouse or executor will be able to single-handedly trigger a procedure leading to the sale of the property — two years after the succession opened (immediately, if a judicial inventory is already pending).
The procedure, step by step
- A mandatory amicable window of 6 months (extendable by 2): sell by agreement, or one heir buys the others out;
- An independent expert valuation;
- A public electronic auction if no agreement is reached;
- A family buy-back right ("remição"): any co-heir can keep the property at the final auction price, displacing the third-party bidder.
Does it apply to old estates?
Yes — and this is the crucial point for the diaspora. The law applies to estates already open and still undivided, even after 30 or 50 years. For those, the clocks start at the law's entry into force. Your grandparents' house in the Azores or the Minho, never divided, is covered.
What remains protected
- The family home of the surviving spouse (or de-facto partner) is excluded;
- Insolvent estates are excluded;
- An opposition window and the buy-back right protect heirs who react in time.
When does it take effect?
Important: the law has been passed but is not yet in force. It still needs presidential promulgation, publication in the official gazette, and implementing decrees (due 180 days after entry into force). Realistically, the procedure becomes operational in 2027. That period is your preparation window: gather documents, locate co-heirs, decide whether to sell or keep.
The specific risk of living abroad
Deadlines run through notices and publications made in Portugal — which an heir in New Jersey or London almost never sees in time. Monitoring the official sources (Citius court portal, e-leilões auctions, official gazette) becomes essential. That is exactly what HERDA's Vigia service does, with alerts in English.