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Probate Cases

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Probate Lawyers in Brazil

Probate is a court mandated legal process that attempts to distribute the estate of someone who dies.

Do I need a Probate Case in Brazil?

Yes. A probate case decision in the US will not be immediately applicable in Brazil. You will need to start a probate case in Brazil. Of course the court decision in the US as well the entire probate case in the US may be used to save time and money in your probate case in Brazil.

In Brazil a probate is mandatory in certain circumstances:

  • when there is a will
  • when there are children involved
  • when there is a dispute regarding the distribution of assets

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
  • Initiation of Probate Proceedings
  • The executor of the deceased's will usually initiates 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

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

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