Granting of Heirship: what it is, what it's for and how it's done

The death of a family member entails, in addition to emotional pain, the need to complete legal formalities related to inheritance.

One of the first steps in this process is Grant of probate, an essential document for officially identifying who is entitled to succession and allowing the legal processing of the inheritance.

Despite being a common procedure, the qualification of heirs continues to raise questions regarding its purpose, deadlines, costs, and practical consequences.

This article explains inventory of heirs, in what situations is it required, how is it obtained, and how can it be fundamental to have the support of a Solicitor in divisions and inheritances to ensure everything runs smoothly and without delays.

The probate of heirs, also known as the statement of hereditary succession or inventory, is a legal process in which the heirs of a deceased person are identified and their inheritance is formally recognised.

A Grant of probate It is the document that legally certifies who the heirs of a deceased person are. It serves as a formal declaration of the right to succession and is frequently required by:

• Land Registry Offices

• Banks and financial institutions

• Notaries and courts

• Her Majesty's Revenue and Customs

The authorisation aims to identify the legal or testamentary successors, as well as to confirm the Heir quality from each person, according to the order of succession provided for in law or the terms of a valid will.

Without this document, heirs cannot, as a rule, take possession of assets, register property, access bank accounts, or initiate the division of the estate.

A habilitação de herdeiros é necessária quando um bem precisa ser transferido para a posse dos herdeiros.

The qualification of heirs is necessary whenever there is an estate to be shared or registered, namely:

• Property which require an update of the property register

• Bank accounts blocked following death

• Cars and other movable assets subject to registration

• Shareholdings Quotas in companies

• In any process of judicial or notarial inventory

It is also required when heirs intend to initiate a process Inheritance sharing between siblings, descendants or other beneficiaries, serving as the basis for the inventory of assets and the calculation of inheritance shares.

Any interested party can request the probate of heirs.

The licence may be requested by:

• Any of the heirs

• The surviving spouse

• A solicitor representing the heirs

• The administrator of the estate

• A solicitor with the requisite powers

The order is placed with a Civil Registry Office, and can be requested by in-person appointment or through a lawyer.

Required documents to enable heirs?

To submit the application for heir qualification, you must present:

• Death certificate deceased

• Identification documents of the heirs (citizen card or identity card)

• Birth or marriage certificate, as the degree of kinship

• Eventually will or deed of gift, if applicable

• Declaration with the full identification of the heirs

The applicant must declare, on their honour, that they have indicated all known heirs, fully and truthfully. If any omitted heirs are subsequently discovered, this may lead to challenge to the division You need to correct the record.

How do you get a declaration of heirship?

The procedure is simple and can be done in two ways:

1. Qualification by deed poll

Held on Notary office, this form simultaneously allows Declaration of heirs and the division of the estate, when there is agreement between all parties. It is quicker and more suitable for situations without litigation.

2. Qualification by certificate issued by the registry office

It is the most common model. The registry office issues a Certificate of heirship, after analysis of the submitted documentation. This document has Full legal validity and can be used for all administrative, fiscal and asset purposes.

In both modalities, supervision by a Solicitor in divisions and inheritances, which checks data for correctness and avoids omissions that could lead to legal consequences.

Does the probate of heirs replace the division of assets?

No. The probate of heirs does not constitute a share does not, in itself, allow for the division of assets among heirs. It only serves to identify who has the legal right to share the inheritance, manage the assets, and initiate the Inventory process or the deed of partition.

The division of assets requires:

• List of assets in the inheritance

• Assessment and calculation of fees

• Agreement between heirs or court decision

• Deed of division or homologation ruling

Therefore, the qualification is the first formal step of the succession process, but it does not replace the following stages.

How much does a probate process cost?

The cost varies depending on the chosen option:

• In conservation: around €30 to €50, as complexity

• By public deed: variable amounts, depending on the number of parties involved and the notary's fee schedule.

Additional costs may be incurred for certificates, notarisation of signatures, and legal support. In inheritances with multiple heirs or significant assets, it is advisable to include these charges in succession planning.

What is the relationship with stamp duty?

The grant of inheritance is one of the documents required for tax purposes, namely for the delivery of the model declaration 1 of Stamp duty. Although direct heirs (such as a spouse and children) are Payment milestones, must declare assets to the Tax Office within three months after the passing.

Failure to obtain the licence may delay tax payment, prevent bank account access, or block the completion of the division of assets.

The role of a solicitor in probate and inheritance cases

One Solicitor in divisions and inheritances provides essential support throughout the process, namely:

• Collection and organisation of the necessary documentation

• Application for heirship qualification

• Verification of the legitimacy of all heirs

• Representation before registry offices or notaries

• Fiscal and asset processing monitoring

• Defence in case of conflict or dispute by other heirs

Legal support reduces the risk of errors, speeds up the process, and ensures that the rights of all stakeholders are respected.

Conclusion

A Grant of probate it is an indispensable step in the succession process. It legally identifies who the heirs are and allows for the continuation of the remaining phases of the inheritance, such as distribution, tax compliance, and property registration.

Despite being a relatively simple procedure, it requires attention to detail, rigour in documentation, and adherence to legal deadlines. The involvement of a qualified lawyer is the best way to ensure that the entire process is conducted with legal certainty, fairness, and respect for the rights of each heir.