What to do if the property belongs to an inheritance, but the heirs have not yet updated the property registration and the acquisition in favor of the heirs? How to do it? Is it possible to make the purchase and sale contract and register simultaneously?

When a property forms part of an inheritance and the heirs have not yet updated the property registration to reflect the acquisition in their favor, it is necessary to follow some steps to regularize the situation before proceeding with the sale. Here is a guide on how to proceed:

Steps to Regularize Property Registration of an Inherited Property

1. Heir Habilitation:

   The first step is to carry out heir habilitation, which is the legal process to officially recognize who the deceased’s heirs are. This process can be done at a notary office, at an inheritance counter, or through the ePortugal online service.

2. Partition of Assets:

   After habilitation, the partition of inheritance assets must be carried out. This can be done amicably between heirs or, if necessary, through a judicial inventory process. Partition determines which assets are assigned to each heir.

3. Registration of Assets:

   Once partition is completed, it is necessary to update the property registration to reflect the new ownership of the assets. This step is crucial, as, until registration is updated, heirs do not have individualized rights over the assets, only an ideal fraction of the inheritance.

Possibility of Sale

• Purchase and Sale Contract:

  It is not legally possible to execute a purchase and sale contract for a property that is still registered in the deceased’s name. Registration must be updated so that heirs can sell the property.

• Simultaneous Registration:

  In theory, one can try to carry out partition and registration simultaneously with the sale, but this requires careful coordination and may not be accepted by all parties involved, including buyers and financial institutions. It is essential that all heirs agree and that the process is conducted by an experienced notary or lawyer.

Consult a Professional

Given the complexity and possible legal implications, it is highly recommended to consult a lawyer specialized in succession law or a notary to guide the process and ensure that all steps are followed correctly. This will help avoid legal problems and ensure that the sale of the property can be carried out legitimately and effectively.