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What the law says in Portugal

6 rules

Declaring the death

The death must be declared to the civil registry within 48 hours of the death (or of the autopsy, or of the decision not to hold one), at any registry office or Espaço Óbito desk. The funeral company usually does it; a relative present at the death, the hospital or an imam who was present may also declare it. It is free. Outside registry hours, including weekends, the police issue the paper that allows burial. gov.pt, Declarar um óbito; Justiça.gov.pt, Declarar um óbito; Decreto-Lei n.º 411/98, art. 9.º

Forensic autopsy

After a violent death or one of unknown cause, a forensic autopsy is held. The authorities may decide not to hold one if the clinical information, together with the other evidence, shows with certainty that there is no suspicion of a crime; it is never dispensed with after a work or road accident that killed at once. After an autopsy, the burial must take place within 48 hours of its end, so ask the forensic service early, in writing, to release the body quickly. Lei n.º 45/2004, art. 18.º (original text); Decreto-Lei n.º 411/98, art. 8.º

Burial deadlines and repatriation

No body may be buried until 24 hours after the death. If it was handed to the family straight away, it must be buried within 72 hours; after an autopsy, within 48 hours of its end. The health authority can order an earlier burial, in writing, only when there is no forensic autopsy and public health is at risk. To take a body abroad, the GNR or PSP issue the mortuary pass (livre-trânsito); the destination country’s consulate sets its own conditions, so call it early. Decreto-Lei n.º 411/98, arts. 6.º and 8.º

Burial and graves

By road, a body for burial in a grave travels in a wooden coffin, and we found no national rule allowing burial in the shroud alone. The town hall can authorise burial places reserved for a particular religion, so ask the cemetery or the town hall about a Muslim plot. The Lisbon Central Mosque has a funeral room for preparing funerals. Decreto-Lei n.º 411/98, arts. 6.º and 11.º; Comunidade Islâmica de Lisboa

Heirs and the estate

A husband or wife and children together are reserved at least two thirds of the estate, whatever a will says, so ask a notary whether and how the estate can be divided by the Islamic shares. A declaration of heirs (habilitação de herdeiros) is needed whenever there is property to inherit; there is no deadline, and it costs at least €150. The person managing the estate must tell the tax office by the end of the third month after the month of the death. Guia do Espaço Óbito: Primeira vinda; Código Civil, arts. 2156.º to 2159.º

Death and funeral benefits

If the deceased paid into the Social Security, the family can claim a death benefit (subsídio por morte) of three times the IAS (€1,611.39 in 2026) within 180 days of the death being registered. Whoever paid for the funeral and has no right to it can claim a refund of funeral costs within 90 days of the death. If the deceased lived in Portugal and never paid into social security, the funeral benefit is €268.57, claimed within 6 months from the first day of the month after the death. Guia do Espaço Óbito: Primeira vinda; Segurança Social, Guias Práticos: Subsídio por Morte (2025) and Subsídio de Funeral (2026)

From official sources, checked October 2026. Laws change; your funeral company and a notary can confirm them.

Where you are

Portugal has one national law for declaring a death, burial and estates, and this guide describes that framework. Each cemetery sets its own rules, so ask it, or the town hall (câmara municipal), about Muslim plots and graves. We have not checked any separate rules in the Azores or Madeira.

The steps

1. 1

   Have the death confirmed

   In the first hour · 0 of 5

   A doctor has to confirm the death and write the medical death certificate (certificado médico de óbito), if possible the same day. You need it to declare the death.

   • In a hospital or care home, the staff usually arrange the certificate
   • At home, call a doctor from your health centre or the emergency medical service (INEM)
   • If the death was caused by an accident, a crime or an unknown cause, call the police (PSP or GNR) first
   • In an emergency, call 112
   • Tell the staff early that the family needs a quick burial for religious reasons
2. and

   Close the eyes, cover the body, make duʿā

   In the first hour · at the same time as the step above · 0 of 4

   Gently and without hurry. Those present can do this while the calls are made.

   • Close the eyes and the mouth
   • Straighten the arms and legs
   • Cover the body with a clean sheet
   • Pray for them, and say only good
3. 2

   Call the mosque’s funeral service

   In the first few hours · 0 of 3

   Many mosques and Muslim associations help with the washing, the shroud, the prayer and the burial, and know which funeral company (agência funerária) to use.

   • Call the mosque’s funeral service or the imam
   • Tell them where the body is and who the next of kin is
   • Agree a time for the ghusl and the janazah prayer
4. 3

   Ask whether there will be a forensic autopsyPaperwork

   If the death was sudden or violent · 0 of 3

   If the death was violent, suspicious or of unknown cause, the judicial authorities are told and a forensic autopsy (autópsia médico-legal) may be held. The funeral waits until the body is released.

   • Ask the police or the hospital whether the judicial authorities have been told
   • Ask the forensic service, early and in writing, to release the body quickly for religious reasons
   • Give the doctors any medical records: they can help show there is no suspicion of a crime
5. 4

   Declare the death within 48 hoursPaperwork

   Within 48 hours · 0 of 4

   The death must be declared to the civil registry (registo civil) within 48 hours, at any registry office (conservatória) or at an Espaço Óbito desk. The funeral company usually does it for you. There can be no burial until the death is recorded.

   • Let the funeral company declare it, or do it yourself
   • If you go yourself, take the medical certificate, your ID card and the deceased’s ID card
   • An imam present at the death may also declare it
   • At weekends and on holidays, the police issue the paper that allows burial
6. 5

   Choose the funeral company and the gravePaperwork

   Within the first day · 0 of 3

   The funeral company collects the body, provides the coffin and handles most of the paperwork. Make clear before you agree which services it will provide and what you will pay.

   • Agree the services and the price in advance
   • Ask in advance whether the mosque’s team or the family may wash the body at the funeral home
   • Ask the cemetery or the town hall about a Muslim plot and how long the grave lasts
7. and

   Wash and shroud the body

   Within the first day · at the same time as the step above · 0 of 2

   Done by trained Muslims of the same sex, or by the spouse. The funeral service usually provides the cloth.

   • Confirm who will wash
   • Confirm the kafan is ready

   How the washing and shroud are done

8. 6

   The janazah prayer and the burial

   As soon as possible · 0 of 4

   The prayer is often held after one of the daily prayers, and the burial follows straight after.

   • Tell family and community the time of the prayer
   • Confirm the grave in a Muslim cemetery or Muslim plot
   • Plan the burial for at least 24 hours after the death
   • Ask the funeral company to confirm the latest time allowed: usually 72 hours, or 48 hours after an autopsy

   How to pray the janazah prayer

9. and

   If the burial will be abroadPaperwork

   Before the coffin is closed · at the same time as the step above · 0 of 4

   Some families bury their dead in another country. Ask the funeral company to handle the paperwork. The estate usually pays, or the family if there is no money in it. Ask the funeral company what it costs and who signs before you agree.

   • Tell the funeral company early that the burial will be abroad
   • Call the consulate of the country early: it sets its own documents and conditions
   • Ask the consulate whether it requires embalming or a sealed zinc coffin
   • Check any repatriation insurance or funeral plan
10. 7

    Get death certificatesPaperwork

    In the first week · 0 of 2

    Banks, insurers, the Social Security and the tax office may ask for a death certificate (certidão de óbito). Ask each what proof it needs.

    • Ask the funeral company or any registry office for copies
    • Or ask online on justica.gov.pt
11. 8

    Pay the funeral costs and list every debt

    In the first weeks · 0 of 3

    The funeral is paid from the estate first, then the debts. Nothing is inherited until both are settled.

    • Pay the funeral costs from the estate
    • List loans, bills and money owed to family
    • Ask a scholar about any unpaid zakat
12. and

    Find the will, and claim the death benefitsPaperwork

    In the first weeks · at the same time as the step above · 0 of 4

    The Espaço Óbito desk deals with the tax office, the heirs and the state benefits in one place. It is worth waiting a week before the first visit, but not more than two months.

    • Check papers at home, email, and with any notary
    • Ask the registry or a notary who must manage the estate until it is divided (cabeça de casal): first in line is the widow or widower, if an heir or entitled to half the couple’s property
    • Tell the tax office by the end of the third month after the month of the death
    • Claim the death benefit or the funeral benefit from the Social Security
13. 9

    Settle and divide the estatePaperwork

    In the months after · 0 of 4

    Portuguese law reserves two thirds of the estate to the husband or wife and the children together. Ask a notary or the registry early whether and how the estate can be divided by the Islamic shares.

    • Book the declaration of heirs (habilitação de herdeiros) at the Espaço Óbito, a registry or a notary
    • Close accounts and cancel subscriptions
    • Pay any bequest, up to one third, to people who are not heirs
    • Divide the rest by the fixed shares

    See how the estate divides

14. 10

    Look after the family

    Four months and ten days · 0 of 3

    A woman keeps the prescribed mourning (iḥdād: setting aside adornment and perfume) for no more than three days for any death, except for her husband: then four months and ten days, the length of her ʿiddah, or until she gives birth if she is pregnant.

    • Bring food and help with the household
    • Help the widow with errands and appointments
    • Make duʿā for the one who has died

    What to say and do when you visit

15. 11

    Write your own Islamic will

    For those left behind · 0 of 4

    Without a valid will, Portuguese law decides who inherits, not the fixed shares, and the children share equally (with a husband or wife, who receives at least a quarter). An Islamic will in Portugal is an ordinary Portuguese will that directs the estate by the shares, within the part the law leaves free.

    • Make it before a notary (testamento público)
    • Or write and sign it yourself and have a notary approve it (testamento cerrado)
    • Ask the notary how the reserved share affects the Islamic shares
    • If you hold another nationality, ask the notary about choosing that country’s law

    Work out the Islamic shares to take to a notary

Settling things after the funeral? Keep track of every task, and who is doing it. Sharing the steps with family? Make a family checklist you send as a link.

General guidance, not a fatwa or legal advice. Portuguese law on declaring a death, burial and estates is national, but each cemetery sets its own rules on plots and graves; your funeral company and a notary can confirm them. All sources

Last reviewed October 2026. Something wrong? Tell us