Can I Access a Deceased Person’s Bank Account in Brazil?

Losing a loved one is one of the most difficult and sensitive moments a family can face. In addition to grief, family members often need to handle unfamiliar matters, such as legal procedures, funeral expenses, and questions about the assets left by the deceased.

One common question is whether relatives can access a deceased person’s bank account in Brazil. Relatives generally cannot withdraw the deceased’s funds freely or immediately. Requests for information and lawful release follow different requirements.

This article explains account access and lawful release. For broader estate administration, start with our Inheritance & Probate services.

Access to information is different from permission to withdraw

Being an heir does not by itself authorize a withdrawal. The bank needs evidence of the person’s authority and the applicable release route.

Brazilian law recognizes the principle of saisine, which means that the inheritance transfers to the heirs at the moment of death. However, this does not mean that the heirs can immediately use the assets or move money from the deceased person’s bank account.

When a person passes away, Brazilian law opens the succession. From that moment, the assets, rights, and obligations left by the deceased become part of the estate.

The estate remains under administration until the probate process is completed and the assets are distributed among the heirs. Final distribution usually follows the appropriate estate documentation. However, limited withdrawals can be authorized earlier, and certain statutory payments may qualify for a simplified route.

When a financial institution learns of the account holder’s death, it applies its administrative procedures in accordance with succession law. Restrictions may follow notice of the death or a court order; do not assume every bank uses an identical automatic block. The treatment of a joint account requires a separate ownership assessment. Central Bank guidance.

The estate’s authorized representative may request information such as balances and statements, subject to proof of authority and banking confidentiality. Access to information is not permission to spend the money. If you do not know where the deceased banked, see our guide to locating accounts and estate assets.

What Happens to the Money After Death?

The money does not disappear when the bank account is blocked. The portion belonging to the deceased remains part of the estate, subject to the applicable administration or special-payment procedure.

Banks require the appropriate legal basis and supporting documents. Depending on the case, that may be a probate title, a qualifying notarial deed, a court permit or a specific statutory payment procedure. A relative’s informal request is not enough.

The deceased’s funds must be accounted for within the estate or the applicable special payment procedure until they can lawfully be released. This legal structure helps protect the heirs, creditors, and other interested parties.

Can money be released before probate ends—or without full probate?

A court permit for a qualifying situation

Yes. In some specific cases, the court may authorize the release of funds through a court permit. In Brazil, this type of authorization is commonly called an alvará judicial.

Depending on the circumstances and the limits provided by law, the family may ask the court to release certain amounts before the full probate process ends.

A court permit may be useful when the deceased did not leave other assets besides the amount deposited in the bank account. But the absence of other assets is not the only condition.

Law 6.858/1980 provides a special route for specified unpaid employment and benefit amounts and, subject to additional conditions, certain bank, savings and investment balances. For the latter, Article 2 refers to no other assets subject to inventory and a ceiling of 500 ORTNs.

Do not treat 500 ORTNs as a current reais amount. Counsel must check the applicable calculation and court practice. The type of funds, eligible dependants or successors, and supporting documents determine the route. This is not permission to withdraw every small account.

Urgent expenses within an estate

A court permit may also be requested when the family needs funds to pay funeral expenses, settle urgent debts of the deceased, or maintain assets that belong to the estate. The request must identify the legal basis, amount and purpose.

The judge will review whether there is a real need to release the funds. In some cases, the family may later need to prove that the money was used for the purpose authorized by the court. Keep invoices, receipts and the authorization.

A notarially appointed estate administrator

Under Article 11 of CNJ Resolution 35, the surviving spouse or partner entitled to a marital share and the heirs may appoint an administrator by public deed before partition. Within the rule’s scope, that representative can seek necessary banking information and withdraw amounts for inventory expenses.

This is a limited estate-administration power, not permission for heirs to take their inheritance early. Check the deed, proposed expense, supporting records and the institution’s requirements with the notary and bank.

When Is Probate Required in Brazil?

Probate is often necessary for heirs to receive their share of the inheritance. This is especially true when the deceased left assets beyond the money in a bank account.

A dispute may require judicial handling. Minor or legally incapacitated heirs do not automatically rule out every notarial procedure: CNJ rules permit specific situations with safeguards. The proposed distribution and any requested withdrawal need their own eligibility assessment.

In general terms, probate involves several steps. The family must open the probate process within the legal deadline, identify and declare the assets left by the deceased, review possible debts, pay those debts when required, and distribute the remaining assets among the heirs.

The procedure may also involve asset valuation and registrations before the appropriate registry offices. During probate, the estate is represented by an estate administrator.

The estate administrator may be the surviving spouse or partner, one of the heirs, the executor of the will, or another eligible appointee, depending on the procedure and appointment rules.

This person represents the estate before institutions and takes the necessary actions during the probate process, within the powers of the appointment and any required authorization.

Depending on the case, probate may be judicial or extrajudicial. A qualifying notarial partition deed can support release without a separate judicial approval of that deed. See the probate-process guide for the full procedure.

What if it is a joint bank account?

Authority to operate a joint account is not ownership of the entire balance. Identify which funds belonged to the deceased and which belonged to the surviving account holder. Account terms, deposits and marital-property rules may matter.

The STJ has applied a rebuttable equal-share presumption when the ownership and source of a joint-account balance could not be established. That does not mean every two-holder account must always be split 50/50. The deceased’s share must be addressed in the estate.

Preserve statements from around the date of death and evidence of contributions. Do not empty the account or conceal its existence merely because the bank still allows transactions.

Can relatives use the deceased’s card, password or old power of attorney?

Usually, the family must use probate or establish eligibility for a specific alternative. The court-permit and special-payment routes described above are exceptions with conditions. Close family relationship alone does not give someone the right to freely move money from the deceased person’s account.

Some relatives believe that they can access the account because they are spouses, children, or close family members. However, moving funds without authority may require repayment or accounting and, depending on the facts, may raise civil or criminal issues. It is not automatically a crime in every factual situation.

In many cases, people act without intending to cause harm. They may simply be unaware of the legal rules. Even so, lack of knowledge does not necessarily prevent legal consequences.

For this reason, families should seek proper legal guidance before making any financial movement involving a deceased person’s bank account.

Possession of a card or login does not establish legal authority. An ordinary power of attorney generally ends on the principal’s death; specific exceptions require legal analysis under the Civil Code, including Articles 682 and 689. Use the estate’s authorized channel rather than logging in as the deceased.

Important Considerations for Families

The period after a death often involves many doubts and urgent decisions. Families may feel lost when they face legal and banking procedures during such a sensitive time.

Even during this difficult period, it is important to inform financial institutions of the death. It is also recommended that the family follow the proper procedure with professional assistance.

Moving estate funds without authorization may create conflicts among heirs. It may also cause problems that proper guidance could have avoided.

Each probate case has its own characteristics. Conflict among the heirs can prolong the process; incomplete documents, disputed ownership or bank compliance requirements can also cause delay. As a result, the release of funds may also take longer. Release in Brazil and sending inherited funds abroad are separate steps. A simplified release does not automatically create a tax exemption; see the tax and fees guide.

What should we gather before contacting the bank?

• Death certificate and identification for the deceased and requester.
• Evidence of family relationship, heirship or appointment, as appropriate.
• Known bank and account details, and statements already held lawfully.
• Any probate deed, court order, administrator appointment or existing case number.
• Invoices and a specific amount if requesting funds for expenses.

Ask the bank for its written document requirements and keep the request reference. Foreign documents may need apostille or other authentication and sworn translation. A bank’s checklist does not replace the legal assessment of who may receive the funds.

How Oliveira Lawyers Can Help

The starting point is the legal release route. The right legal guidance can help the family understand the appropriate procedure from the beginning. It can also help identify whether the case requires probate, whether a court permit may be available, and which documents will be necessary.

At Oliveira Lawyers, we assist families with probate and estate-related matters in Brazil. A senior bilingual attorney can assess the release route and coordinate the necessary documentation. Our goal is to help ensure that the estate is managed safely, in compliance with Brazilian law, and with the rights of all parties involved preserved.

If you need help accessing funds left by a deceased person, opening probate, or understanding the next steps after a loved one passes away, contact Oliveira Lawyers to discuss how the firm can assist.

Legal sources

• Law 6.858/1980, Articles 1–2: special payment routes and conditions.
• CNJ Resolution 35, as amended: Articles 3, 11 and 12-A on deeds, administrator powers and protected heirs.
• STJ guidance on a deceased joint-account holder’s share.