Head of the Estate in Inheritance: who they are, what responsibilities they have, and how they are chosen

Whenever someone passes away and leaves assets to be distributed, it is necessary to identify a person who will represent the estate until it is formally divided. This person is designated as the Widow's house It plays a central role throughout the succession process.

The head of the household is responsible for administering the deceased's assets, presenting the list of assets in the inheritance, fulfil fiscal obligations and, in many cases, act as an intermediary between the heirs. This role requires responsibility, transparency and, ideally, specialist legal support, especially when there are valuable assets or Inheritance shares between siblings.

This article explains who can be appointed head of the household, what their legal duties are, what risks they may face, and how a Solicitor in divisions and inheritances could be fundamental in supporting this figure.

The head of the estate of an inheritance

O Widow's house is the legal representative of undivided inheritance, meaning, the person responsible for its administration until the effective division of the assets among the heirs.

The executor is the one who handles the initial succession procedures, including:

• Presentation of Inheritance declaration at the tax office

• Drafting of list of assets in the inheritance

• Representation of the inheritance with banking institutions, land registries or tax authorities

• Care and preservation of the deceased's belongings

• Settlement of outstanding estate charges, such as payment of debts or taxes

It is important to clarify that the head of the household there isn't any more Inheritance rights than the other heirs. Their role is administrative and representative, it does not confer any advantage in the division of assets.

Who can be the head of the household?

Portuguese law establishes an order of preference for the appointment of the executor. According to the Code of Civil Procedure, this order is as follows:

1. The surviving spouse, if not separated from persons and property

2. The executor, if there is a will and it so indicates

3. An heir residing in the family home

4. Any legitimate or testamentary heir

5. A third party appointed by agreement between the heirs or by the court

When there is consensus, the heirs themselves can choose who takes on this role. If there is no agreement, any interested party can request the court to appoint the head of the household.

The ideal candidate should have organisational capacity, basic knowledge of the assets and a conciliatory approach, especially when there are multiple heirs with differing viewpoints.

What does the head of household do?

Among the main functions of the head of household are:

1. Preparation of the asset list

It is the executor who must collect and declare all assets that formed part of the deceased's estate, including real estate, bank accounts, vehicles, company shares, valuable objects, and any debts.

This list of assets in the inheritance should be rigorous, up-to-date and submitted to the Finance Department by three months after death.

2. Representation of inheritance

Until it is shared, the inheritance is an undivided mass. It is up to the executor to legally represent this set of assets, on behalf of all heirs, before banks, registries, courts, and other entities.

3. Estate administration

The executor must ensure the good conservation of the estate's assets. This includes paying bills, maintaining insurance, preserving property, and preventing the deterioration of movable assets.

However, you cannot sell assets or make decisions that significantly alter the value of the inheritance without the consent of the remaining heirs.

4. Compliance with tax obligations

It is also your responsibility to ensure payment of the Stamp duty, where applicable, and ensure all tax obligations are up to date before the distribution of assets.

5. Participation in the sharing process

In the context of a Inventory process, The head of the estate must collaborate with the notary or court, deliver documentation, present accounts, and facilitate the organisation of the process until the division is concluded.

Can the head of the household be removed?

Yes. If the executor of the estate does not fulfil their duties, acts with partiality, conceals assets, or harms the interests of the estate, they can be removed by court order.

Removal can be requested by any heir with a legitimate and duly substantiated interest. In these cases, the court appoints a new head of the household, who can be another heir or, in exceptional circumstances, a judicial administrator.

This is why, when taking on this role, it is advisable for the head of household to act with full transparency and seek legal advice whenever necessary.

What care should the head of household take?

The role of a joint head implies responsibility and risk, especially when there are valuable assets or unpartitioned inheritances with many heirs. Among the essential considerations are:

• Keep copies of all documents and correspondence

• Avoid making decisions without the knowledge of the remaining heirs

• Do not make account withdrawals or transfers without authorisation

• Account for when requested

• Seek legal advice whenever legal doubts arise

An error or omission by the head of the estate can lead to challenges to the division, legal action, or in serious cases, civil and criminal liability.

The role of a solicitor in probate and inheritance cases

O Solicitor in divisions and inheritances plays a fundamental role in supporting the head of household, offering:

• Assistance with the drafting of List of assets

• Representation in the probate process

• Guidance on fiscal and legal obligations

• Mediation with the heirs to avoid conflicts

• Defence in case of challenges or removal requests

Furthermore, the lawyer guarantees that the role is performed with legal certainty and protects the head of the household from potential litigation arising from their actions.

Conclusion

O Widow's house She is a central figure in the succession process. She represents the inheritance until the division of assets, coordinates legal procedures, and assumes responsibility for safeguarding the deceased's estate. Despite having no more rights than the other heirs, her role demands rigour, transparency, and knowledge of the legal obligations involved.

Accepting this role should be an informed decision, accompanied, where possible, by qualified legal support. With the right advice, it is possible to ensure that the inheritance is handled fairly, legally, and in an organised manner, benefiting all beneficiaries.