Renouncing an Inheritance in Brazil
Brazilian law allows an heir to renounce an inheritance, but the decision requires formal documentation and can have lasting consequences. Living abroad, ignoring correspondence or telling relatives that you do not want the assets does not complete a valid renunciation.
Before signing, establish whether you have already accepted the inheritance, who would receive the share you give up, and whether your real intention is to benefit a particular person. Renouncing an inheritance and transferring rights to someone you choose are different transactions.
This guide explains the decision and the issues to check before acting. For help with the wider estate, see our Inheritance & Probate services; for the administration stages, see the probate process in Brazil.
Reviewed by Luciano Oliveira, LL.M., attorney admitted in Brazil, Texas, and California. Last reviewed: October 27, 2026.
Renunciation or transfer: what do you want to achieve?
| Your intention | What needs to be assessed |
|---|---|
| Give up the inheritance without choosing its recipient | A pure renunciation, subject to the legal requirements and succession rules. |
| Give or sell your share to a particular relative or another person | An assignment or other transfer, with its own formalities and possible tax consequences. |
| Keep one estate asset but reject another | A distribution or transfer question; ordinary renunciation cannot be used to select individual assets. |
Calling a document a “waiver” does not determine its legal effect. A direction that a named person receive your share may operate as a transfer rather than a pure renunciation. The Civil Code permits assignment of rights in an opened succession by public deed, subject to additional rules. Have the proposed arrangement reviewed before agreeing to a beneficiary, payment or asset allocation.
Civil Code, articles 1,793–1,795 and 1,808
How a renunciation must be formalized
Article 1,806 requires an express renunciation in a public instrument or a judicial record. It is therefore incorrect to say that every renunciation must be made exclusively through a court petition. A private letter or informal family agreement is not a substitute for the required form.
The appropriate instrument and how it will be incorporated into the estate proceeding should be agreed with Brazilian counsel and the relevant notary or court. Using a public instrument for the renunciation does not itself establish that the whole probate can proceed through a notary.
Check whether you have already accepted
Acceptance may be express or result from conduct in the capacity of an heir. A later attempt to renounce cannot simply undo a valid acceptance. The STJ has held that requesting the opening of probate and listing assets, with procedural representation by a lawyer, can amount to tacit acceptance.
Not every act concerning an estate has that effect. The Civil Code excludes acts such as arranging the funeral, merely preserving assets, and provisional administration or safekeeping. Your lawyer should review what you have signed and done, including any instructions already given in the probate.
Civil Code, articles 1,804–1,805 and 1,812
STJ — conduct amounting to tacit acceptance
Silence does not mean renunciation
Do not rely on being unresponsive as a way to give up your share. Article 1,807 provides a specific procedure: once 20 days have passed since the succession opened, an interested party may ask the judge to set a reasonable period of no more than 30 days for the heir to respond. Failure to respond within that court-set period can result in the inheritance being treated as accepted.
This is not an automatic 30-day renunciation deadline running from death. It is also separate from the deadlines for opening probate and complying with tax obligations. Send any notice or court order to your lawyer promptly.
Who receives the share you renounce?
In intestate succession, the renouncing heir’s share generally accrues to the other heirs of the same class; if there are none, the rules for the following class apply. Children do not automatically take the renouncing parent’s place by representation. The Code provides circumstances in which they may instead inherit in their own right, including when their parent is the only heir of that class or all heirs of that class renounce.
A will, substitute beneficiary or other succession facts may change the analysis. Ask for the resulting distribution to be explained before you sign; do not assume that the person you hope to benefit will receive the share.
Civil Code, articles 1,810–1,811; testamentary arrangements require separate assessment
Can you renounce only part or change your mind later?
As a general rule, acceptance and renunciation cannot be partial, conditional or subject to a term. The Code contains specific distinctions for legacies and shares arising under different succession titles; these do not create a general right to keep desirable assets and reject the rest.
Acceptance and renunciation are irrevocable. A change of mind is not a basis for withdrawal. An allegation that an instrument is invalid requires a separate legal assessment and should not be confused with an ordinary right to revoke it.
Civil Code, articles 1,808 and 1,812
Renouncing while living abroad
Ask Brazilian counsel to confirm the instrument and representation requirements before arranging signatures abroad. A general power of attorney should not be assumed to authorize renunciation: the mandate must satisfy the required form and contain the necessary special, express powers.
The preparation may involve identity and civil-status documents, proof of the succession, existing probate papers and a specifically drafted power of attorney. Confirm any CPF, translation, apostille or legalization requirements with the receiving authority. An apostille does not correct an instrument that lacks the required legal form or authority.
If you are married, the lawyer should assess the marital-property regime and whether spousal consent or participation is required. That is different from saying your spouse must renounce your inheritance as well. Minors or persons who cannot independently make the decision require separate capacity, representation and authorization analysis.
If other heirs would benefit from your decision, consider independent advice before signing a document prepared for the family as a whole.
Civil Code, articles 657 and 661 — form and scope of the mandate
Debts, taxes and costs to check first
Do not assume renunciation is necessary merely because the deceased had debts. Article 1,792 limits an heir’s liability to the value of the inheritance, with rules about proving any excess. Review the assets and liabilities before deciding.
Your own creditors are a different issue. Under article 1,813, creditors prejudiced by a renunciation may seek judicial authorization to accept in your name. Renunciation should not be presented as a way to avoid personal creditors.
Civil Code, articles 1,792 and 1,813
A pure renunciation and a transfer to a chosen beneficiary can have different tax treatment. For example, São Paulo law excludes pure and simple renunciation from ITCMD incidence, but that does not make the estate’s inheritance transmission tax-free or establish the treatment of every transfer in every state.
Before signing, check the applicable state rules, any assignment or gift element, declarations and notarial or legal costs. Our inheritance tax and fees guide explains the broader cost categories; this page does not set a national tax rate or promise tax savings.
São Paulo Law 10,705/2000, article 5(I) — state-specific example
Before you sign
- Confirm your entitlement, the estate’s known assets and liabilities, and any will.
- Review prior acts for express or tacit acceptance.
- Identify who would receive your share and whether a transfer better describes the intended arrangement.
- Check creditors, capacity, marital-property issues and any court-set response period.
- Confirm the instrument, representation, tax treatment and costs before execution.
- Keep the executed instrument and evidence that it has been incorporated into the relevant proceeding.
Frequently asked questions
Can I renounce by emailing my relatives?
No. A family email does not meet the requirement for an express renunciation in a public instrument or judicial record.
Can I renounce in favor of my brother or sister?
A direction to benefit a specific person may be an assignment or other transfer rather than a pure renunciation. Review the document and tax consequences before signing.
Does doing nothing make me lose the inheritance?
Silence is not a formal renunciation. Under the specific court-set procedure in article 1,807, failure to respond can instead result in acceptance.
Do I have to travel to Brazil?
Representation from abroad may be possible, but the required form, powers and document formalities must be confirmed for your case before signing.
Can I reverse a renunciation?
Renunciation is irrevocable. A separate challenge to the validity of an instrument is different from withdrawing it because you changed your mind.
Discuss your options before renouncing
A senior bilingual attorney can review your position, the documents already signed and the proposed effect on the estate. Arrange a consultation before giving instructions to waive or transfer inheritance rights.
Watch: renouncing an inheritance in Brazil