1. What is an undivided inheritance?

When a person dies, their assets and debts pass to their heirs. Until there is a formal division, the inheritance remains “undivided,” meaning the assets belong collectively to all heirs rather than individually. In Portugal, the declaration of heirs identifies who inherits, and the division and registration of assets are the steps that allow properties or other assets to be formally assigned to each party.


2. What changes with the new rule?

According to the Council of Ministers’ statement of March 27, 2026, a Special Process for the Sale of Undivided Real Estate has been created. This new mechanism allows that, two years after the opening of the succession, and in the absence of agreement, any heir may initiate the sale of the property, even without the consent of all other heirs.
In practical terms, this means that a single heir can no longer remain indefinitely blocked due to a lack of agreement among the others. The measure was announced by the Government as part of a housing reform aimed at accelerating inheritance divisions, mobilizing blocked real estate assets, and bringing more properties to the market.


3. How will this new process work?

According to the official information released so far, the new process will have five key features:
The sale can be requested by any heir, two years after the opening of the succession, if no agreement is reached;
The sale price will be set based on an expert valuation;
Sale through electronic auction will be the standard procedure;
Heirs will have a right of redemption, meaning they may acquire the property under certain legal conditions;
Maintaining the undivided status will require explicit agreement among the parties.
The legislation also includes strengthened powers for the estate administrator, the possibility of inheritance arbitration, and new estate planning solutions, all aimed at making management and resolution of disputes faster.


4. Is this rule already in force?

What is officially confirmed at this stage is the approval of the new mechanism by the Council of Ministers and the public presentation of its main elements by the Government. Its practical application will depend on the legislative process and the entry into force of the final law. Therefore, anyone involved in an undivided inheritance should monitor the publication of the final framework and, if necessary, seek legal and real estate advice before making decisions.


5. What happens in the meantime?

Until the new process is fully operational, existing mechanisms for handling inheritances remain available, including the declaration of heirs, the division and registration of assets through the Inheritance Desk, and, when necessary, formal legal procedures for division. These tools remain the basis for identifying heirs, regularizing ownership, and enabling future property sales.


6. What impact could this have on the real estate market?

This change could be particularly relevant in areas with strong demand and limited supply, such as Braga and other urban centers. Many properties remain vacant or unused because the inheritance is never divided. If the new rule works as announced, more houses and land may enter the market, reducing the time assets remain blocked and giving heirs a clearer path to sell. This is, in fact, one of the Government’s stated objectives in presenting the reform.


7. What should heirs of a property do?

If there is a property tied up in an undivided inheritance, this may be a good time to start organizing the situation. Even before the full implementation of the new rule, it makes sense to:
Confirm whether the declaration of heirs has been completed;
Check if the property is properly identified and registered;
Assess whether there are conditions for agreement among heirs;
Obtain a market valuation to understand the real value of the asset;
Prepare documentation for a potential future sale.


8. How Incredible Real Estate can help

When there are multiple heirs, the biggest issue is often not legal, but practical. There may be a lack of information, no clear understanding of the property’s value, and the absence of professional mediation can prolong the deadlock. Incredible Real Estate can help assess the property, frame its market potential, prepare it for sale, and support heirs when the sale becomes possible.
In sensitive processes like these, having a realistic view of the market can help avoid conflicts and speed up decisions.


9. Conclusion

The new rule on undivided inheritances may bring an important shift to the Portuguese real estate market. By allowing any heir to initiate the sale of a property after two years without agreement, the goal is clear: to unlock assets, reduce deadlocks, and bring more properties to the market.
For those who have inherited a house or land and remain stuck in an ongoing undivided situation, this could become a real opportunity for resolution.