Can the head of household of an inheritance alone sell a property that belongs to an inheritance? Can they sign the promise contract and purchase and sale deed alone?

The head of household (cabeça de casal), who is the person responsible for administering the inheritance until its partition, cannot sell a property that forms part of the inheritance without the consent of all heirs. According to the Portuguese Civil Code, the sale of real estate from the inheritance is considered an act of extraordinary administration, which requires the agreement of all heirs.

Limitations of the Head of Household

1. Ordinary vs. Extraordinary Administration:

   The head of household has powers to carry out acts of ordinary administration, such as the daily management of inheritance assets. However, acts of extraordinary administration, such as the sale of real estate, require the consent of all heirs.

2. Consent of Heirs:

   To sell a property from the inheritance, the head of household must obtain the consent of all heirs. Without this consent, the sale cannot be legally carried out.

3. Promise Contract and Purchase and Sale Deed:

   The head of household cannot sign alone the promise contract for purchase and sale or the purchase and sale deed of a property belonging to the inheritance without the agreement of the heirs. All heirs must agree and participate in the sale process.

4. Exceptions:

   The head of household can sell perishable or deteriorating assets to cover inheritance expenses, such as funeral charges, without the consent of heirs, but this exception does not apply to real estate.

Therefore, to proceed with the sale of a property that forms part of an inheritance, it is essential that all heirs agree and that the process is conducted transparently and in accordance with the law. Otherwise, the sale can be contested and considered invalid.