When a father dies without a will, Portuguese law calls the heirs in classes. A class is only called if the previous one does not exist — they do not stack.
The order of classes
- Spouse and descendants — children, and grandchildren by representation;
- Spouse and ascendants — parents, grandparents, if there are no descendants;
- Siblings and their descendants;
- Other collaterals up to the fourth degree (uncles, first cousins);
- The State, failing all of the above.
All children inherit equally
Children born inside or outside marriage, from different marriages, or fully adopted: all inherit on the same terms. There are no first-class and second-class children.
Grandchildren inherit when their own parent has already died
This is the right of representation. If a child of the deceased died first, that child's own children take their place and share the portion that would have gone to them. They do not each receive a share at the uncles' level: together, they receive their parent's share.
What the spouse receives
The surviving spouse inherits alongside the children, per capita, with a guaranteed minimum of one quarter of the estate. Do not confuse this with the meação: under community regimes, half of the common property is already theirs before any partition.
Who does NOT inherit automatically
- A de facto partner: not a forced heir, though they may hold rights over the family home;
- Stepchildren, unless adopted;
- Siblings, whenever descendants or ascendants exist.
Inheriting is not owning
Being an heir gives you an undivided share of the whole estate, not ownership of a particular property. For anyone to own something specific, the habilitação de herdeiros and then the partition must be completed. Until then the estate is undivided, and no heir can sell the house alone.
What the new law changes
Law no. 49/2026 was published in the official gazette on 17 August 2026 and provides that a single co-heir may come to trigger the sale of a property held in an undivided estate. The regime is not yet in force: the Government has 180 days to approve it. The law provides that, absent an ongoing inventory, that request may only be made two years after the estate is opened.
A general rule, not a diagnosis
This page sets out the general rules. Who inherits in a specific estate depends on the documents, the matrimonial regime and any wills — that is a lawyer's work, and HERDA refers you to independent lawyers.