Power of attorney: settle the Portuguese estate without boarding a plane

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.

The power of attorney (procuração) is what lets an heir abroad run an entire Portuguese estate remotely: heirs' deed, division, sale, registrations and tax filings can all be executed by a representative in Portugal while you stay home.

Three ways to grant a valid one

  1. A Portuguese consulate in your country — the classic route: consuls hold notarial powers and the document is directly valid in Portugal (Newark, Boston, New York, San Francisco, Toronto, London…);
  2. Local notary + apostille (Hague Convention) — signed before your notary, apostilled by the competent authority, with a certified translation if not bilingual;
  3. Portuguese notary by videoconference — possible for certain deeds with a qualified electronic signature.

The powers to spell out

Accept the inheritance, execute the heirs' deed, file with the tax office, divide, sell (with or without a minimum price), receive and give discharge, register, delegate. Note: for a sale, Portuguese notaries require explicit special powers — a generic power of attorney will be refused at signing day.

Common mistakes

  • Names that differ between your documents and the Portuguese records (married names, anglicised spellings) — reconcile them in the deed;
  • Missing apostille — the document is unusable;
  • Grantor without a Portuguese NIF;
  • Stale powers of attorney by the time of the sale.

Cost and timing

Consulates: moderate fees but appointments can take weeks in high season. Local notary + apostille: faster, variable cost, plus translation. HERDA supplies bilingual drafts reviewed by partner lawyers and the exact procedure for your nearest consulate.

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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.