Brazilian Probate and Inheritance Lawyers

Probate is a court-mandated legal process to distribute the estate of someone who dies.  In Brazil, probates are known as “inventários” (and often incorrectly translated as “inventory” or “inventories”). Need help with an inheritance in Brazil? Many families living in the US or Europe experience a family member dying in Brazil. In such cases, a Brazilian probate lawyer is required to represent this family in the succession in Brazil.

Do I need a Probate Case in Brazil?

Yes, it is mandatory if real estate is involved. A probate case decision in the US will not be immediately applicable in Brazil. You will need to start a probate case in Brazil when real estate is involved in the succession. Of course, the court decision in the US as well as the entire probate case in the US, may connect with and have implications for your probate case in Brazil.

Some of the questions we are asked often:

• when there is a will
• when there are children involved
• when there is a dispute regarding the distribution of assets
• when there is real estate to be distributed

How a Probate Lawyer Can Help with Your Inheritance in Brazil

Even families well served with legal counsel in the US or Europe will need to retain a Brazilian attorney to represent them in an inheritance court procedure in Brazil. Foreign lawyers are not allowed to handle legal procedures in Brazil. A Brazilian lawyer experient with succession, inheritance, and probate procedures can help you successfully handle a probate case in Brazil, sell assets such as real estate, and remit the funds to your bank account in your country of residence.

When selecting a Brazilian attorney for your inheritance probate it is key that you make sure that your counsel:

• can truly speak and write fluent English
• has operational knowledge of international probates
• work along with currency exchange specialized banks in Brazil to be able to remit the funds to you
• is quick and agile with communication so you don’t have to wait several years to get access to the funds

The Dynamics of a Succession Case in Brazil

Inheritance probates in Brazil are somewhat similar to probates in other countries. However, inheritance probates running in Brazilian courts will usually take longer and be more formalistic.

Unfortunately, whether your succession probate in Brazil is done through the courts or through the cartórios (registration offices), special power of attorneys (procuração pública) may be required. These special power of attorneys take several steps to be executed and are not commonly known by the majority of the Brazilian lawyers – thus, the importance of finding a Brazilian attorney with substantial experience with foreign clients.

The goal of a probate process in Brazil is to:

• Verify the validity of the deceased’s will (when there is one)
• Identify and inventory the deceased person’s property
• Distribute the deceased’s property
• The executor of the deceased’s will usually initiate probate proceedings.

Executor in Brazil

• If there is no will, or no executor is named, the probate court will select an administrator to act as the executor of the will.
• The administrator is usually the deceased’s closest relative or the person that stands to inherit the most.
• If none of the deceased’s relatives live in Brazil a Brazilian can be hired for this purpose

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Duties of the Executor

The executor of an estate has several court appointed duties that he or she must comply with. The executor must:

• File papers in local probate court
• Prove the validity of the will
• Provide a list of the deceased’s property, debts, and the names of those who stand to inherit
• Give proper notice of death by filing a death certificate
• Does All Property Have to Pass Through Probate?
  No. Most states allow a certain amount of property to pass free of probate or through an expedited probate procedure. In California, for example, you can pass up to $100,000 of property without probate. In addition, property that passes outside of your will through joint tenancy arrangements or living trusts is not subject to probate.

Avoiding Probate

In Brazil, it is possible to have an “Administrative Estate Case” instead of the judicial “Probate”. The two most often cited reasons for avoiding probate are:

• Probate usually ties up property for months, sometimes even over a year
• Probate is more costly – attorney and court fees are higher for Probates

Rio de Janeiro and Sao Paulo Inheritance Lawyers

Although we are available to handle probate cases involving foreign citizens throughout Brazil, most of our probate cases take place in Sao Paulo and Rio de Janeiro. The reason for this is because Sao Paulo and Rio de Janeiro are the largest and most economically active cities in Brazil.

If you need a probate lawyer in Sao Paulo or Rio de Janeiro, we can help you. Schedule a consultation here.

Inheritance Asset Searches in Brazil

We have assisted citizens from several countries to locate inheritance assets in Brazil. Our inheritance asset searches are accomplished by seasoned Brazilian detectives based in Sao Paulo and Rio de Janeiro.

Any Attorney or a Probate Lawyer?
An experienced probate attorney is a must for a case in Brazil. A Brazilian probate lawyer can inform you of your rights as well as preserve any possible legal remedies you may have.

For more information on our probate lawyers, please contact us at [email protected] or schedule a consultation here.

Probate in Brazil?
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Probate for Inheritance in Brazil F.A.Q.

Top 20 Frequently Asked Questions for U.S. Citizens Inheriting Property and Assets in Brazil

1. Do I Need a Separate Probate in Brazil if I Have a U.S. Court Order?

Answer: Yes. A U.S. probate decision is not automatically recognized in Brazil. If the deceased owned real estate or other assets in Brazil, you must initiate a local probate proceeding (inventário) under Brazilian law. Even though U.S. documents can support your case, a separate Brazilian process is required to legally transfer and settle assets located in Brazil.

2. How Does Brazilian Inheritance Law Differ from U.S. Law?

Answer: Brazilian law has forced heirship rules, ensuring certain family members—such as spouses and descendants—are entitled to a reserved portion of the estate. Unlike in many U.S. states, these mandatory shares limit the freedom to distribute assets solely according to a will. Understanding these rules is crucial for managing expectations and resolving disputes.

3. Do I Need a Brazilian Lawyer if I Already Have a U.S. Attorney?

Answer: Absolutely. Only Brazilian-licensed attorneys can represent you in Brazilian courts. A specialized Brazilian probate lawyer is essential for navigating local procedures, ensuring accurate document preparation, and effectively communicating with Brazilian authorities and notaries. Your U.S. counsel may assist in a strategic advisory capacity, but cannot practice law in Brazil.

4. How Long Does the Probate Process in Brazil Typically Take?

Answer: Timeframes vary widely, ranging from several months to multiple years. Factors include the complexity of the estate, involvement of multiple heirs or disputes, and court or notarial backlogs. An experienced Brazilian probate attorney can help streamline the process, anticipate bottlenecks, and maintain momentum.

5. Must I Travel to Brazil During the Probate Process?

Answer: Not necessarily. While traveling may be useful for asset inspections or signing certain documents, much of the process can be handled remotely. With the right Power of Attorney (Procuração Pública) and a diligent Brazilian lawyer, you can manage your inheritance from the U.S. without frequent trips.

6. What Documents Will I Need?

Answer: Common documents include the decedent’s Brazilian death certificate, identification documents for heirs, a valid will (if applicable), and proof of assets in Brazil. Additional paperwork—such as translated and legalized U.S. probate documents—may be required. Your Brazilian attorney will guide you through the entire documentation process.

7. Can I Access Bank Accounts and Investments in Brazil?

Answer: Accounts generally remain frozen until the probate process is concluded and heirs are officially recognized. Once the inventário is complete, funds can be legally transferred abroad, provided you follow Brazilian financial regulations. Partnering with a lawyer who understands foreign exchange rules ensures you receive your inheritance securely and compliantly.

8. How Can I Confirm All Brazilian Assets Are Accounted For?

Answer: Your attorney can request official asset searches through Brazilian registries and work with investigators if needed. Comprehensive due diligence—verifying real estate holdings in the local property registry, identifying bank accounts, and reviewing business shares—ensures that no asset is overlooked.

9. What If There Is No Will or It Was Drafted Outside Brazil?

Answer: If no will exists, Brazilian intestate succession rules apply. If a foreign will needs recognition, it generally must be legalized, translated (by a certified translator), and recognized by a Brazilian judge. An experienced Brazilian probate lawyer will clarify how to validate foreign testamentary documents within the Brazilian legal framework.

10. Are There Taxes on Inherited Property in Brazil?

Answer: Brazil does not have a federal inheritance tax, but most states impose the ITCMD (Imposto sobre a Transmissão Causa Mortis e Doação) tax on inherited assets. Rates vary by state. In the U.S., you may need to report the inheritance if it surpasses certain IRS thresholds. Consult both a Brazilian attorney and a U.S. tax advisor to ensure full compliance.

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11. How Do I Choose the Right Brazilian Probate Lawyer?

Answer: Look for an attorney fluent in English, experienced with international clients, and knowledgeable in Brazilian succession law. They should have a proven track record in probate cases involving foreign heirs and be responsive, transparent about fees, and communicative throughout the process.

12. Can I Sell Inherited Property in Brazil and Transfer the Proceeds to the U.S.?

Answer: Yes. After the probate process is finalized and you have clear title, you can sell the property. With the help of a Brazilian attorney and possibly a specialized currency exchange bank, you can repatriate the funds in compliance with Brazilian regulations and U.S. tax requirements.

13. How Does the Notarial Inventário Differ from a Judicial Probate?

Answer: Brazil offers both judicial and extrajudicial (notarial) probate options. The extrajudicial process through a notary is generally faster and less formal if heirs are in agreement and no minors are involved. Judicial probate, handled by the courts, is typically more time-consuming and is required if there are disputes or certain legal complexities.

14. How Are Real Estate Values Determined for Inheritance Purposes in Brazil?

Answer: Values are often based on official government appraisals or market valuations by licensed professionals. Proper valuation ensures a fair distribution of assets and accurate calculation of ITCMD taxes. Your attorney will work with appraisers to confirm a credible assessment of the property’s worth.

15. What If One of the Heirs Is Missing or Uncooperative?

Answer: Missing or uncooperative heirs can delay the proceedings. Your Brazilian lawyer can help by issuing official notifications, requesting judicial interventions to locate absent parties, or seeking the court’s approval to proceed in their absence, depending on the circumstances.

16. Can I Inherit Debts Along with Assets in Brazil?

Answer: Yes. Inheritance in Brazil includes both assets and liabilities. Before fully accepting your share, it’s essential to understand any outstanding debts. You may be able to negotiate with creditors or, in rare cases, choose to renounce the inheritance if debts outweigh the benefits.

17. Are There Deadlines for Initiating the Probate Process in Brazil?

Answer: While there is no universal, strict deadline, it’s wise to begin promptly. Delays can lead to administrative complications, difficulties in asset verification, and potential disputes among heirs. Initiating the process early ensures more control over timelines and outcomes.

18. Can I Renounce My Inheritance in Brazil?

Answer: Yes, heirs may renounce their inheritance if they decide it’s not in their best interest. This formal act must be executed before a judge or notary. Your attorney will explain the legal consequences and help you complete the renunciation process should you choose this option.

19. Will I Need Official Translations of My U.S. Documents?

Answer: Most U.S. documents must be apostilled and then officially translated (by a sworn translator in Brazil) to be accepted by Brazilian courts or notaries. Your lawyer will guide you on which documents need translations and facilitate the process, ensuring compliance with Brazilian legal standards.

20. How Will I Stay Informed About My Case’s Progress?

Answer: A reputable Brazilian inheritance attorney will maintain regular communication through email, phone calls, or video conferences. Establishing clear expectations from the start ensures you receive timely updates, status reports, and prompt responses to any questions, giving you peace of mind throughout the probate process.

Inheritance in Brazil?
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#2 Schedule a Consultation now.