How Does the Probate Process Work in Brazil?
Brazilian probate, usually called inventário, identifies the estate, the people entitled to inherit and the obligations that must be addressed before the resulting ownership can be documented and registered. For heirs living abroad, it also involves arranging representation, preparing foreign documents and coordinating with banks and registries.
Brazil has two main routes: a court proceeding or an eligible notarial procedure. Owning real estate does not by itself require the court route. Agreement among heirs matters, but wills, minors, legally incapacitated heirs and other circumstances require a careful eligibility assessment. Legal assistance is required for either route.
This guide explains the practical stages and the decisions that can affect progress. For our broader services, visit the Inheritance & Probate hub. For tax calculations and budgeting, use the separate inheritance tax and probate fees guide.
Reviewed by Luciano Oliveira, LL.M., attorney admitted in Brazil, Texas, and California. Last reviewed: October 23, 2026.
Start with the deadline and any immediate risks
Article 611 of the Code of Civil Procedure sets a two-month period from death for initiating the probate and partition proceeding and provides for judicial extension. This is not a universal 60-day tax-payment deadline. Tax declarations, payment dates and additions for delay must be checked under the relevant state rules.
Seek advice promptly even if the documents are incomplete. Tell counsel about any court notice, tax demand, attempted sale, unpaid property expense, inaccessible bank account or concern that assets may be concealed. A missing document or disagreement should be assessed alongside the deadlines, rather than treated as a reason to wait indefinitely.
Code of Civil Procedure, art. 611
The six stages of Brazilian probate
These stages follow the same structure as our Inheritance & Probate hub. They are a practical roadmap, not a mandatory sequence in which every task must finish before another begins. Document preparation, asset checks and tax work may overlap.
1. Understand the estate
Establish who died, the date of death, the deceased’s last domicile, the family relationships and the known assets. Check whether there is a will and whether an estate proceeding has already started in Brazil or another country. Obtain the existing file before repeating work or signing a new agreement.
For an international estate, distinguish the Brazilian procedure from the law governing inheritance rights. A foreign proceeding does not by itself complete the Brazilian steps for assets located here. The assets and documents must be examined to identify the appropriate local route, including any available simplified procedure.
Code of Civil Procedure, art. 23
2. Prepare your representation and documents
Establish who the lawyer represents and what the engagement includes. Heirs with aligned interests may be able to use joint representation; disagreements or conflicting interests may call for separate advice. Identify the powers needed before signing a power of attorney, waiver or distribution agreement.
Common starting records include the death certificate, identification and family-status documents, relevant CPF records, marriage and property-regime information, asset records, and any will or existing probate papers. Foreign documents may require apostille or other authentication and sworn translation. Confirm the requirements for each document and the institution receiving it.
Many steps can be handled while an heir remains abroad through properly documented representation. The required signing method and any personal participation depend on the act, court, notary, registry or bank. See our inheritance document checklist and guidance for heirs unable to attend proceedings.
3. Identify assets and obligations
Check property and company records, available bank information, ownership percentages, debts and ongoing expenses. Separate assets belonging to the estate from property already belonging to another person, including any marital-property share. Keep records of rent received, expenses paid and who currently controls each asset.
The estate administrator, or inventariante, has a defined role in managing and representing the estate. That role is different from acting as every heir’s personal adviser. Requests for protected banking information or disputed records may require appropriate authority or a court decision.
Valuation also needs a stated purpose. An inheritance-tax figure is not automatically a fair buyout price or the value used for federal income-tax reporting. See property appraisals in Brazilian probate and our guidance on estate debts and creditors’ claims.
4. Determine and conduct the appropriate procedure
Notarial probate: an eligible estate may be handled through a public deed at a cartório de notas. Agreement alone does not establish eligibility. Under the CNJ framework, some estates involving minors or legally incapacitated heirs can qualify with safeguards, including the allocation of an undivided share of each asset and a favorable opinion from the public prosecutor. Estates involving wills require additional conditions, including the relevant court authorization.
Court probate: disputes or failure to satisfy the notarial conditions may require judicial proceedings. Counsel assesses the appropriate court and procedure, the appointment of the administrator, required declarations and notices, and any issue that needs judicial resolution. A court proceeding is not evidence that something has gone wrong; it may be the correct route for the estate.
The presence of Brazilian real estate, a will or a minor should not be used as a shortcut to a route decision. Nor should an eligible notarial procedure be presented as a guaranteed completion time.
CNJ Resolution 35, as amended, including arts. 12-A and 12-B; CNJ explanation of the 2024 changes
5. Resolve taxes and distribution
Coordinate the applicable tax requirements with the proposed division of the estate. Confirm the relevant jurisdiction, transferred interests, valuation evidence, exemptions where applicable, and funding arrangements. Do not assume that one rate, one valuation date or one payment timetable applies to every estate.
Tax payment and completion of a deed or court step are not always the same event. CNJ Resolution 695/2026 changed the prior-payment condition for notarial probate deeds, with acknowledgment of tax obligations and notification to the tax authority where payment has not occurred. This does not erase the tax, suspend state deadlines or guarantee that every later registry or bank requirement has been met.
In the judicial procedure called arrolamento sumário, STJ Tema 1074 also distinguishes approval of the partition and issuance of the relevant documents from prior ITCMD payment. Taxes on estate assets and income remain relevant. This specific rule should not be generalized to every court procedure.
CNJ Resolution 695/2026; São Paulo tax-authority guidance on deeds without prior payment; STJ explanation of Tema 1074
Before agreeing to the distribution, review inheritance rights, marital-property ownership, debts and any balancing payments. Where Brazilian forced-heirship rules apply and necessary heirs exist, a reserved portion limits testamentary freedom. Cross-border cases require an assessment of applicable succession law; neither a foreign will nor an heir’s citizenship alone resolves the issue. Our forced-heirship guide addresses the topic in more detail.
The tax and fees guide explains budgeting, valuation and payment questions. This process guide does not replace an estate-specific tax calculation.
6. Complete registrations and releases
After the appropriate deed or court documents are available, complete the relevant property, corporate and other records and request releases from the institutions holding assets. A signed partition document does not automatically update every registry or release every bank balance.
If a property will be sold, coordinate authority to sell, title records, tax matters and transaction documents. Some estates have a legally available route for sale before probate is complete; assess the requirements before making commitments. A later international remittance requires the institution’s documentation and compliance checks. See transferring inherited funds from Brazil.
What affects the time needed to complete probate?
Progress depends on the route, document readiness, asset and title records, valuations, tax issues, institutional requirements and any dispute. Court backlogs can affect judicial cases; they should not be offered as a universal explanation for every notarial estate.
Ask for a stage-based assessment: what is ready, what is missing, who must act next and what could delay that step. An initial estimate should distinguish work within the legal team’s control from decisions or documents needed from courts, notaries, registries, banks and other parties. No single duration is reliable for every estate.
How Oliveira Lawyers can help
We assist foreign heirs with assessing the Brazilian estate, arranging representation and documents, conducting the appropriate probate procedure and coordinating the steps needed for registrations and releases. Disputes, sales and remittances should be included in the engagement expressly where those services are required.
For an initial assessment, provide the date of death, the deceased’s last domicile, the known asset locations, the heirs’ locations, and any existing will, probate file or deadline notice. To discuss your rights and next steps, arrange a consultation with a senior bilingual attorney or request a professional-fee estimate. Professional fees are separate from taxes and third-party expenses.
Foreign estate lawyers, executors and fiduciaries can also consult our Brazil probate and estate administration service for coordination with an overseas estate.
Watch: Brazilian probate
General information, not individual legal or tax advice. Reading this page does not create a lawyer–client relationship. The applicable procedure and requirements must be assessed against the estate’s facts and documents.