Print Friendly, PDF & Email

Probate Lawyers in Brazil

advogado indenização morte

Probate is a court-mandated legal process to distribute the estate of someone who dies. Many families living in the US or Europe experience a family member dying while living in Brazil. In such cases, a Brazilian probate lawyer is required to represent this family 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. Of course the court decision in the US as well the entire probate case in the US may connect with and have implications for your probate case in Brazil.

A probate is mandatory in Brazil in certain circumstances:

  • 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

Contact Us Now
info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!

How a Probate Lawyer in Brazil Can Help

Even families well served with legal counsel in the US or Europe will need to retain a Brazilian attorney to represent them in the Brazilian courts. Foreign lawyers are not allowed to handle legal procedures in Brazil. A Brazilian lawyer experient with probate procedures can help you successfully conduct probate 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 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 Probate Case in Brazil

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

Unfortunately, whether your 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 know 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

Contact Us Now
info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!

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 Probate 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.

Asset Searches in Brazil

We have assisted citizens from several countries to locate assets in Brazil. Our 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 info@oliveiralawyers.com or schedule a consultation here.

Contact Us Now
info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!