Selling your inheritance share: exit the estate without waiting for anyone

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.

Few heirs know this: even without your cousins' agreement, you can sell your share of the estate today — the "quinhão hereditário". You are not selling the house; you are selling your position as heir, with everything it carries.

How it works

The transfer is executed by deed in Portugal (the estate must be open and still undivided). The buyer — a co-heir or an outsider — steps into your place, including in the future division. Your co-heirs hold a right of first refusal: they must be notified of the planned sale and can buy at the same price.

What is a quinhão worth?

Less than the arithmetic fraction of the property's value: buyers discount the illiquidity, the wait for a division and the conflict risk — 30% to 50% discounts are common. With the new law shortening the horizon of co-ownership, shares should regain value; a rushed sale today can be a bad trade.

Taxes

The sale can trigger Portuguese capital gains tax, and buyers may face transfer taxes depending on the case. US persons should also map the IRS side (basis, gain, reporting). Model the numbers before signing.

Sell the share now or wait for the law?

  • Need liquidity now and accept the discount → the quinhão is your exit;
  • Can wait 12–24 months → the new procedure's amicable window should deliver full market value;
  • Either way, notify the co-heirs properly: a sale that ignores their first-refusal right can be challenged.

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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.