Can I Replace the Attorney in an Inheritance Probate in Brazil for Being Too Slow?

Clients often wonder if they have the right to change attorneys when inheritance proceedings seem to drag on. Your legal representation is a personal choice, and you generally do not need to prove negligence or wrongdoing to replace your attorney.

However, protect continuity of representation before making the change. Revoking a mandate, appointing replacement counsel and settling the previous engagement are related but separate steps. A new lawyer cannot guarantee a faster court decision or erase existing deadlines.

This guide explains how to assess and organize a change of counsel. For the broader procedure, see our Inheritance & Probate services and probate-process guide.

Choice of Counsel

The decision to work with a lawyer in Brazil, especially for inheritance disputes, is highly personal. There is no formal requirement to prove negligence or wrongdoing to replace your attorney. Some clients keep the same lawyer out of loyalty, but others look for fresh expertise after a few months of little progress.

The law allows you to pick someone you trust at any stage of the lawsuit, subject to the procedural requirements for changing representation. First identify whose lawyer is being replaced. You can change your own counsel; you cannot simply dismiss a lawyer engaged by another heir or substitute yourself for the estate administrator.

Why Probate Can Take So Long

Inheritance proceedings, known as “inventário,” often move slowly in Brazil. Courts usually expect multiple parties to respond to notices or file documents. Missing records, disagreements, valuations, tax questions and service abroad can all affect progress.

A notarial probate can be quicker in an eligible estate, but it may not be an option if there are complex disputes. Eligibility for a notarial route must be assessed under current rules and the circumstances of the estate. Changing lawyers does not itself convert a judicial case into a notarial one.

A difficult probate can take considerable time; a duration estimate should be tied to the actual stage and obstacles. Hearings get rescheduled, courts deal with heavy caseloads, and interested parties often cause extra rounds of paperwork. Even a diligent attorney may not speed up the process by much.

Ask what is currently preventing the next step. Request the latest court order, the action required, who must take it and the applicable deadline. A case may be waiting for a court decision, a document from an heir or work that counsel has not yet completed. Those situations call for different responses.

Foreign Citizen’s Perspective

People living abroad face even more uncertainty. Distance fuels mistrust, especially when updates are scarce. Communication problems can arise in firms of any size; assess the actual response history and agreed reporting arrangements.

Still, there are moments when it is clear that you and your attorney are simply a bad match. If you truly believe your probate lawyer is too slow or not taking the proper steps to protect your interests, it might be wise to find legal representation better suited to your expectations.

There are many skilled lawyers in Brazil who specialize in inheritance disputes and lawsuits, so switching counsel can make sense if you have lost trust in the current partnership. Before deciding, ask for a written status report and consider an independent review of the file. For professional admission, conflicts and engagement scope, see choosing probate counsel.

Organize the handover before revoking authority

Under CPC article 111, a party revoking a lawyer’s mandate must appoint another lawyer in the same act. If no replacement is appointed within 15 days, the representation rules in article 76 apply, with potentially serious procedural consequences.

Do not treat that period as permission to leave deadlines unattended. The incoming lawyer should check the case and arrange the necessary appointment, revocation or substitution documents, notifications and filings. A private termination letter alone does not ensure the court or notary has updated its records.

• Case access: obtain the case number, court or notary details, latest orders and complete available file.
• Immediate obligations: list hearings, filings, tax dates, document requests and any protective measures needed.
• Documents and funds: identify original certificates, signed instruments, money held and the relevant accounting.
• Authority and notices: confirm the replacement mandate, required special powers and the lawyers who should receive notices.
• Communication: agree who informs the outgoing lawyer, other representatives and relevant institutions, and how you will receive updates.

The OAB Code of Ethics generally requires the existing lawyer to know before new counsel accepts a mandate, with exceptions for a fully justified reason or urgent, unavoidable judicial measures. Notice is not a requirement to obtain the outgoing lawyer’s permission to choose new counsel.

Do not exchange lawyers’ personal court-system passwords. Replacement counsel should arrange access through the proper professional and procedural channels. Foreign signing and document formalities should be checked for the instrument required; see our probate document-authentication guide.

If the lawyer resigns instead

Resignation by counsel is different from revocation by the client. Under CPC article 112, the lawyer must generally demonstrate notice to the client and continue representation for the following ten days where necessary to avoid harm. The rules include an exception where other appointed counsel continues to represent the client.

Arrange a successor promptly. Do not assume that every resignation automatically suspends the case or that the ten-day rule applies in the same way when you dismiss your lawyer. Ask replacement counsel to verify the actual notice, effective representation and current deadlines.

Outstanding fees, documents and accounts

The outgoing attorney may be entitled to fees for services rendered so far. Revoking the mandate does not automatically cancel contractual fees or any entitlement to a proportionate share of court-awarded fees. The engagement, work performed and applicable law need to be reviewed.

The OAB Code of Ethics addresses return of entrusted documents, property and funds, detailed accounting, and fees when the mandate ends. Fees already earned are not automatically refundable.

The Superior Court of Justice has rejected penalties imposed simply for unilateral revocation or resignation, while preserving fees proportionate to the work performed. That distinction matters: changing counsel is not automatically a breach carrying a penalty, but it does not make completed work free.

Request an itemized closing statement covering work, payments, expenses, funds held and documents to be returned. Ask the new lawyer to assess any disputed charge or termination clause. Avoid assuming that changing counsel is cost-free or that every fee demanded is automatically enforceable.

Budget separately for the replacement engagement, any work still owed to former counsel, and estate taxes and third-party charges. Changing lawyers does not reset tax deadlines. Our tax and fees guide explains the broader estate-cost categories.

A transfer of authority by the existing lawyer (substabelecimento) may be appropriate in some cases; whether powers are retained or fully transferred matters. Your new lawyer should choose the correct route and check any client-notification requirements.

Changing counsel is not removing the estate administrator

The inventariante administers and represents the estate within the assigned authority. Replacing your personal lawyer does not remove that person from office. Judicial removal of an administrator follows its own grounds and procedure under CPC articles 622–625.

If the concern involves hidden assets, failure to account or damage to estate property, identify the conduct and evidence separately. See our inheritance-disputes guide rather than treating a new power of attorney as the solution to every estate-management problem.

Doing It for the Right Reasons

Although you have the right to change attorneys at any time, consider whether the delay stems from the lawyer’s lack of action or the inherent complexities of Brazilian probate. It is wise to communicate openly with your new counsel to prevent misunderstandings.

Clients facing inheritance lawsuits in Brazil want reassurance and efficiency. It is important to know that while Brazilian probate does take time, you should not feel trapped in a professional relationship that no longer serves you.

Choosing the right attorney can make a difference in your peace of mind, especially when dealing with disputes, slow-moving courts, and cross-border concerns. Every family has unique needs and deserves an approach that addresses their priorities. If the partnership fails to meet those needs, seeking a better fit is a legitimate step.

To discuss the file, urgent dates and a possible transition with a senior bilingual attorney, contact Oliveira Lawyers. A file review can identify the next practical steps; it cannot promise a particular court timetable.

Watch our video

The existing video is retained as background. Use the updated written guidance for handover, deadlines and fee arrangements.