Inheritance and probate in Brazil
Organize a Brazilian estate without losing sight of the international context.
Legal guidance in English for heirs, beneficiaries and families outside Brazil who need to address probate, succession or assets located in the country.
General information only. The appropriate legal route depends on the facts, jurisdiction, documents and current rules applicable to the individual matter.
Brazilian legal context
Inheritance and probate in Brazil for people living abroad
The initial assessment focuses on the Brazilian legal work, the international elements and the information still requiring confirmation.
When a person dies leaving assets, heirs or legal interests in Brazil, the Brazilian portion of the estate may require a local probate or succession procedure. The correct route depends on the assets, the heirs, the existence and validity of a will, any disagreement and the documents available.
Brazilian courts have exclusive jurisdiction over probate and division of assets located in Brazil in the circumstances defined by Brazilian procedural law, even when the deceased was a foreign national or lived abroad. Other aspects of the succession may still require coordination with professionals or authorities in another country.
Common situations
When this guidance may be relevant.
- A parent or relative died leaving property, accounts, company interests or other assets in Brazil.
- One or more heirs live outside Brazil and need local representation.
- The family needs to understand whether a judicial or consensual extrajudicial route may be available.
- A foreign will, death certificate, marriage certificate or other document may need to be used in Brazil.
- There is uncertainty about heirs, debts, taxes, asset ownership or the scope of the Brazilian estate.
Initial document map
Information worth organizing first.
- Death certificate and information about where the deceased lived.
- Identification and civil-status documents for the deceased and known heirs.
- Any will, succession agreement or prior estate document.
- Property records, bank information, company documents and evidence of other Brazilian assets.
- Information about debts, taxes, pending proceedings and related estate procedures abroad.
How the firm works
A structured route from scope review to representation.
Any engagement is defined only after the subject, conflicts, documents, scope and applicable formalities have been reviewed.
01
Map the people, assets, jurisdictions and documents involved before recommending a procedural route.
02
Assess the Brazilian probate or succession requirements and identify the records that need confirmation.
03
Coordinate powers of attorney, document formalities and communication in English.
04
Conduct the Brazilian legal work within the agreed scope and coordinate with foreign counsel when appropriate.
International formalities
Check the receiving authority before completing formal steps.
Apostille, legalization, sworn translation, registration and signature requirements vary by document and intended use.
Documents issued abroad may need an apostille or consular legalization, a sworn translation into Portuguese and other formal steps before use in Brazil.
The exact requirements depend on the country of issue, the document and the Brazilian authority that will receive it. They should be confirmed before originals are mailed or translations are commissioned.
Official references
- Brazilian Code of Civil Procedure (official text)
- CNJ Resolution 35 on consensual extrajudicial procedures
- CNJ guidance on the Hague Apostille
- Brazilian Ministry of Justice guidance on foreign documents
Official sources are provided for general reference. They do not replace an assessment of the current rule and the facts of a specific matter.
Frequently asked questions
Practical points before the first inquiry.
Do heirs living abroad need to travel to Brazil?
Not in every case. Many stages can be organized remotely through appropriate representation, but travel or a specific form of signature may be required depending on the procedure and documents.
Can probate be handled outside court in Brazil?
Brazilian law allows consensual extrajudicial procedures in qualifying situations. Eligibility must be checked against the current rules, the heirs, any will, the assets and the existence of disagreement.
Does a foreign will automatically control assets in Brazil?
Not automatically. Its form, validity, legal effects and the rules applicable to assets in Brazil require an individual analysis, which may involve coordination between jurisdictions.
Initial contact in English
Present the Brazilian side of your matter.
A concise, non-confidential summary is enough for the firm to begin an initial scope review.