State Act

Portuguese Civil Code, 1867

Article 2068 - Who is administrator (“Cabeca de Casal – C.C”) - Such an office devolves on:- 1. The surviving spouse, save when the spouse does not have a share in any of the assets to be inventoried and none of his or her descendants, still minors, are heirs; 2. To the children enjoying legal capacity, and in their absence, other descendants, enjoying legal capacity; 3. To the other heirs enjoying legal capacity. § 1 - Within the categories of clauses 2 and 3, the following shall have preference: a) The legitimate children shall be preferred to the illegitimate; b) The heirs who were living with the deceased shall be preferred to others; c) The males shall be preferred to females; d) And there being more than one in the same circumstances, the elder shall have preference. § 2 - Only one who was residing permanently in the domicile and company of the same deceased shall be deemed to be the heir living with the deceased.