⚖ Accept or reject an inheritance?

Analyse your situation and find out which option is best for your case

How does this workflow work?

This workflow helps you decide whether to accept or reject an inheritance. The decision essentially depends on whether the estate has more assets than debts. Answer 4-6 simple questions (less than 1 minute).

⚠️ Important notice

This tool is for informational purposes only and does not replace legal advice. Results are based on current Portuguese legislation (Codigo Civil, Codigo do Imposto do Selo). For complex situations, always consult a lawyer specialising in succession law.

Question 1 - Do you know the financial situation of the deceased?

Knowing whether there are more assets or more debts is the decisive factor.

✅ Yes, clearly positive (more assets than debts)
🔴 Yes, clearly negative (more debts than assets)
🔬 Mixed / I'm not sure
❓ I have no idea

⚠️ Before deciding, find out what the estate contains

Do not decide blindly

Without knowing the deceased's assets and liabilities, any decision is risky. There are free ways to discover assets and debts:

  • Banco de Portugal (CRC) - check the Central de Responsabilidades de Credito to find all bank debts
  • ASF (Autoridade de Supervisao de Seguros) - check if there are life insurance policies or other financial products
  • Tax authority (Portal das Financas) - check cadernetas prediais, vehicles and company shares
  • IMT (Instituto da Mobilidade) - check vehicles registered in the deceased's name
  • Conservatoria do Registo Comercial - check company participations

See our complete guide: How to discover the deceased's assets and debts

While investigating, do not touch any estate assets to avoid tacit acceptance. Once you have a clearer picture of the financial situation, come back to this wizard.

Question 2 - Are the debts much higher than the assets?

If debts greatly exceed assets, rejection may be the best option.

🔴 Yes, much higher
🔬 Marginal / I'm not sure

Question 3 - Do you have children or descendants?

If you reject, your children may inherit your position in the estate.

👪 Yes, I have children
❌ No, I don't have children

⚠️ Warning: your children inherit your position

Right of representation (art. 2039.-2045. CC)

If you reject the inheritance, your children may be called to inherit in your place by right of representation. This means they inherit the same debt risks that led you to consider rejection. It is essential that they also reject, if necessary.

Are your children under 18 years old?

If they are minors, special protection rules apply.

👶 Yes, I have minor children
👤 No, they are all over 18

Your share accrues to the remaining heirs

Since you have no descendants, if you reject the inheritance, your share will accrue to the remaining heirs of the same class (for example, your siblings) or pass to the next class of heirs, according to the rules of succession.

Next step: check whether you have already acted on the estate

Click "Continue" to check whether you can still freely reject.

Question 4 - Have you already taken any action on the estate?

Have you withdrawn money from the deceased's accounts? Taken possession of assets? Sold or given away any estate assets?

⚠️ Yes, I have already handled estate assets
✔️ No, I have not touched anything

⚠️ Possible tacit acceptance (art. 2056. CC)

If you have already performed acts such as withdrawing money from the deceased's accounts, taking possession of assets, selling, donating, or transforming estate assets, there may have been tacit acceptance. Tacit acceptance makes you an heir and prevents subsequent rejection. Consult a lawyer immediately to assess whether the acts performed constitute tacit acceptance.

If the lawyer confirms there was no tacit acceptance, you can still reject. Otherwise, your option will be acceptance under beneficio de inventario to limit liability.

Report - Accept or reject an inheritance

morte.pt | Partida Final

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This report is for informational purposes only and does not replace legal advice. Results are based on current Portuguese legislation (Código Civil, art. 2050. to 2071.). For complex situations, always consult a lawyer specialising in succession law.

⚖ Analysis result

Based on your answers, this is our recommendation:

morte.pt | Partida Final | Practical guide for when someone passes away

The 3 options in detail

Option A - Accept (pure and simple)

When: Assets clearly exceed debts.

Consequence: You inherit assets and debts. Since 2013, beneficio de inventario is presumed (art. 2071. CC) - liability is limited to the value of inherited assets, unless there is patrimonial confusion.

Next step: Habilitation of heirs → Estate distribution

Option B - Accept under beneficio de inventario (recommended when in doubt)

When: Uncertain financial situation, possible hidden debts.

Consequence: Liability limited to the value of assets received. This is the default since 2013 (Lei 23/2013). No explicit declaration is needed.

Recommendation: Carry out a formal inventory to document values. Do not mix estate assets with personal assets (patrimonial confusion may cause you to lose the protection).

Learn more: Discover assets | Habilitation of heirs

Option C - Reject (repudiar)

When: Debts clearly exceed assets.

Consequences: Irrevocable, total (you cannot accept part and reject part), retroactive, and your children inherit your position. Creditors of the heir may invoke subrogation (art. 2067. CC).

How: Public deed (escritura publica) or declaration in the inventory proceedings. Estimated cost: 100-200 EUR in notarial fees.

Learn more: Rejection of inheritance | Useful contacts

📞 Useful contacts