Can the administrator of an estate lease property belonging to an estate without the consent of the other heirs?

This issue arises frequently in various legal proceedings and has been the subject of analysis by the higher courts. Consistently, case law has held that entering into lease agreements with a term of less than six (6) years constitutes an act of ordinary administration.

According to this position, the administrator of the estate (cabeça-de-casal) may lease the property without obtaining the consent of the other heirs, provided that the agreed term does not exceed this time limit.

Conversely, where a lease agreement is entered into for a term exceeding six (6) years, such an act falls outside the scope of the ordinary administrative powers granted to the administrator of the estate. In this situation, as it constitutes an act of extraordinary administration, the consent of the heirs is required.

It follows, therefore, that the need for the heirs’ consent depends on the term for which the lease agreement is entered into.