No Will in Portugal: Who Inherits Under Portuguese Law?

If a person dies without a valid will covering the whole estate and Portuguese law governs the succession, Portuguese law decides who inherits and in what order.

The answer is not simply "the closest relative". Portuguese intestate succession uses legal classes. A higher class excludes the lower classes, and the surviving spouse has a particularly important position.

For an international family, there is one question to answer before using the Portuguese inheritance table: does Portuguese law actually govern the succession? Under the EU Succession Regulation, the law of the deceased's habitual residence at death will normally govern the succession as a whole, unless another rule or a valid choice of national law applies.

So a house in Portugal does not automatically mean that Portuguese intestate rules decide every heir and every share.

The Portuguese intestate order

When Portuguese law governs and there is no effective testamentary disposition for the relevant property, the order is:

• 1. spouse and descendants
• 2. spouse and ascendants
• 3. siblings and their descendants
• 4. other collateral relatives up to the fourth degree
• 5. the Portuguese State

Each class is considered before the next one.

If heirs exist in the first class, the later classes do not inherit that part of the estate.

Spouse and children

Where the deceased leaves a surviving spouse and children, the inheritance is divided per head between them.

However, the spouse cannot receive less than one quarter of the inheritance.

That minimum matters in larger families.

Example: spouse and one child

There are two heirs:

• spouse: 1/2
• child: 1/2

Example: spouse and two children

There are three heirs:

• spouse: 1/3
• child 1: 1/3
• child 2: 1/3

Example: spouse and four children

A simple five-way split would give the spouse only 1/5. Portuguese law instead protects a minimum one-quarter share for the spouse.

The spouse receives 1/4 and the remaining 3/4 is divided among the children.

What if one child died before the parent?

Portuguese succession law includes representation rules.

In the appropriate circumstances, descendants of a child who cannot or does not inherit can step into that branch of the family.

This is why a family tree matters. Do not stop the analysis at "three children" if one child died earlier and left children of their own.

No children, but there is a spouse and parents

If there are no descendants and the deceased leaves a spouse together with ascendants, the statutory split is:

• spouse: 2/3
• ascendants: 1/3

The ascendant share is then allocated under the statutory proximity rules.

Spouse, but no descendants or ascendants

If the deceased leaves a spouse but no descendants or ascendants, the spouse is called to the whole inheritance under Portuguese intestate law.

This is different from the forced-heirship question of how much a spouse is guaranteed where a will exists.

Intestate succession asks who receives the estate when there is no effective testamentary disposition.

Forced heirship asks what part cannot be taken away from protected heirs by a will or excessive gifts.

No spouse, but there are children

If there is no surviving spouse, the children divide the inheritance equally.

Where a child is represented by their descendants, the representation rules determine the distribution within that branch.

No spouse and no descendants, but there are parents or grandparents

If there is no spouse and no descendants, ascendants are called before siblings.

Parents are nearer ascendants than grandparents.

The statutory proximity rules therefore have to be applied before assuming that every surviving ascendant shares equally.

When do siblings inherit?

Siblings and their descendants are called only if there is:

• no spouse
• no descendant
• no ascendant

A deceased sibling's descendants can inherit by representation in the cases provided by law.

Portuguese law also distinguishes full siblings from half-siblings when both categories compete.

What about cousins, uncles and other relatives?

If the earlier classes do not exist, Portuguese law can call other collateral relatives up to the fourth degree.

The nearer degree excludes the more remote degree.

This is not an unlimited search through every distant family connection.

If no spouse and no inheritable relative exists within the statutory classes, the State is called.

Does an unmarried partner inherit automatically?

An unmarried or de facto partner is not listed in the Portuguese intestate classes in the same way as a spouse.

That does not mean a de facto partner has no legal protection at all. Portuguese law can give a surviving partner rights in other areas, including rights connected with the family home.

But spouse versus de facto partner inheritance is a separate analysis. Do not assume that years of cohabitation automatically create the same intestate share as marriage.

What if the couple was separated?

Being emotionally or physically separated is not necessarily the same as being divorced or judicially separated for succession purposes.

The legal status at the time of death matters.

If divorce or judicial separation proceedings existed, the exact procedural position and final judgment can be decisive.

What if there is a will, but it does not cover everything?

Intestate succession can still apply to part of an estate.

A will may:

• dispose of only some assets
• contain a disposition that later fails
• leave a residue not effectively allocated
• coexist with mandatory reserved-share rules

So "there is a will" does not automatically end the intestate analysis.

The correct approach is to identify what the will validly and effectively disposes of and what remains to pass under the legal succession rules.

What if the deceased was foreign?

Nationality alone does not answer the applicable-law question.

For deaths within the current EU succession framework, habitual residence at death is normally the starting point, and a person can in appropriate circumstances choose the law of a nationality they possess to govern the succession.

That is why international will and choice-of-law planning should be checked before applying Portuguese percentages.

If Portuguese law does govern, the Portuguese intestate classes and shares apply as part of that governing law.

Do Portuguese inheritance rules depend on where the heirs live?

The legal class of an heir is not lost merely because the heir lives abroad.

But foreign residence changes the practical file.

A non-resident heir may need:

• Portuguese tax identification
• representation in Portugal
• foreign civil-status documents
• translations
• apostille or legalisation where required
• Portuguese tax reporting
• habilitação de herdeiros
• coordination with banks, registries or companies

This is where handling a Portuguese inheritance from abroad becomes a separate operational matter.

How do you prove who the heirs are?

Knowing the statutory order is only the legal analysis.

The Portuguese process still requires the heirs to be formally established.

The habilitação de herdeiros procedure identifies the people who are heirs and states that no other person has a better right to the inheritance.

In an international estate, the supporting file can include foreign death, birth, marriage, divorce or succession documents.

A practical no-will checklist

1. Confirm whether a will exists

Do not assume there is no will merely because the family has not found one.

2. Determine the law governing the succession

For an international estate, do this before calculating shares.

3. Build the family tree

Identify spouse, descendants, parents, grandparents, siblings and any branches that may inherit by representation.

4. Check the legal marital status

Marriage, divorce, judicial separation and de facto partnership are not interchangeable.

5. Calculate the statutory class and shares

Use the Portuguese rules only if Portuguese law governs.

6. Formalise heir status

Complete the succession evidence and habilitação route required for the Portuguese estate.

7. Identify assets and debts

The inheritance is the net legal estate, not only the assets the family already knows about.

8. Complete tax and registration steps

Who inherits is only the beginning of the Portuguese administration process.

Common mistakes

"The eldest child inherits more"

Portuguese intestate law does not give the eldest child a larger share merely because of age.

"The spouse always gets half"

Not necessarily. The statutory share depends on which other heirs compete with the spouse.

"A partner of 20 years is automatically treated as a spouse"

Do not assume that. The intestate categories distinguish marriage from de facto partnership.

"Portuguese property always follows Portuguese inheritance law"

For an international succession, applicable law must be checked first.

"There is no will, so siblings inherit"

Only if the higher-ranking classes are absent.

"Once we know the percentages, the inheritance is finished"

No. Heir identification, assets, debts, tax filings, registration and later transfer still have to be handled.

Frequently asked questions

Who inherits if there is no will in Portugal?

When Portuguese law governs, the order begins with spouse and descendants, then spouse and ascendants, then siblings and their descendants, then other collateral relatives up to the fourth degree, and finally the State.

Does a spouse share equally with children?

The general rule is division per head, but the surviving spouse cannot receive less than one quarter of the inheritance.

What if there are no children?

If there is a spouse and ascendants, the spouse receives two thirds and the ascendants one third. If there are no descendants or ascendants, the spouse receives the whole inheritance.

Do grandchildren inherit?

They can inherit through representation in the appropriate circumstances.

Do siblings inherit if a spouse survives?

Not under the normal Portuguese intestate order. A surviving spouse belongs to a higher class.

Does a de facto partner inherit the same as a spouse?

No automatic equality should be assumed. The surviving partner's rights require a separate analysis.

Does Portuguese law always apply if the deceased owned a house in Portugal?

No. In an international succession, first determine the law governing the succession.

Need to establish who inherits a Portuguese estate?

Send us the basic family structure, the deceased's country of habitual residence, nationality, any known will information and the Portuguese assets involved.

Our legal team can determine the Portuguese succession position, identify the heirs, coordinate the required documents and represent the family through the Portuguese procedures.