Brazil Probate for Foreigners

Probate in Brazil (inventário) works nothing like the common-law systems in the US, UK, Canada, or Australia. There's no executor appointment, no simple grant of probate — it's a formal legal proceeding that requires an OAB-licensed attorney even when all heirs agree. Here's how the system works for foreign nationals.

Two Tracks: Extrajudicial vs Judicial

Extrajudicial Probate (Inventário Extrajudicial)

The fast track. Conducted entirely at a Notary Public (Tabelionato de Notas) — no court involvement.

Requirements (all must be met):

• All heirs are legal adults with full mental capacity
• Complete unanimous agreement on asset distribution
• No valid will left by the deceased
• No disputes of any kind among heirs

Timeline: 30-60 days once all documents are assembled.

Cost: Notary fees (percentage of estate value, varies by state) + attorney fees (typically 6-10% of estate value or fixed fee negotiated upfront).

Process: The attorney drafts a public inventory deed (Escritura Pública de Inventário), all heirs and the attorney sign before the notary, the ITCMD tax is calculated and paid, and the deed is issued. This deed is then presented to banks, DETRAN, and the Real Estate Registry to transfer assets.

Judicial Probate (Inventário Judicial)

The mandatory track when extrajudicial isn't available. Conducted through the State Court system (Justiça Estadual).

Required when:

• Any heir is a minor or legally incapacitated
• Heirs cannot agree on distribution
• The deceased left a valid will
• Any active dispute exists about the estate

Timeline: 1-5 years. The Brazilian judicial system is notoriously backlogged, and cross-border complications (translating foreign documents, locating overseas heirs, international service of process) add further delays.

Cost: Court filing fees + attorney fees + sworn translation fees + apostille costs for all foreign documents.

Process: Entirely electronic through PJe (Processo Judicial Eletrônico) portals. Only an OAB-licensed attorney with a certified digital signature can file and access the system — unrepresented heirs cannot participate directly.

The 60-Day Filing Deadline

Article 611 of the Brazilian Code of Civil Procedure requires that probate be formally opened within 60 days of the date of death. This doesn't mean probate must be finished in 60 days — just initiated.

Missing this deadline triggers a progressive penalty on the ITCMD inheritance tax:

• Up to 180 days late: typically 10% surcharge on tax owed
• Beyond 180 days: 20% surcharge in most states

On an estate valued at BRL 500,000 with an 8% ITCMD rate, the base tax is BRL 40,000. A 20% late penalty adds BRL 8,000 — purely for missing the filing window.

Foreign Documents in Brazilian Probate

Every foreign document presented to a Brazilian court or notary must undergo two steps:

1. Hague Apostille — obtained in the country of origin (US Secretary of State, UK FCO, etc.)
2. Sworn translation (Tradução Juramentada) — performed by a Brazilian state-certified public translator

Common documents requiring this treatment:

• Foreign marriage certificates
• Foreign birth certificates of heirs
• Foreign death certificates (if the deceased also had property abroad)
• Foreign wills
• Powers of attorney executed abroad

Exclusive Territorial Jurisdiction

Brazilian courts have exclusive jurisdiction over any assets located within Brazil — regardless of the deceased's nationality or where they were domiciled. A completed US or UK probate does not transfer Brazilian real estate, bank accounts, or vehicles. Parallel probate proceedings in Brazil are mandatory for any asset on Brazilian soil.

Choosing an Attorney

The attorney (advogado) must be registered with the OAB. For foreign clients, prioritize:

• English fluency (or willingness to communicate through a translator)
• Experience with cross-border estates
• Familiarity with the specific state's ITCMD rules (rates and procedures vary by state)
• Transparent fee structure — get the total cost in writing before engagement

Standard attorney fees: 6-15% of the estate value for extrajudicial, hourly billing or fixed percentage for judicial. High-value estates attract percentage-based fees; for smaller estates, negotiate a fixed fee.

The Complete Probate Framework

The Emergency Guide for Death in Brazil covers the full probate decision tree — which track applies to your situation, the document preparation checklist, fee negotiation guidance for OAB attorneys, and the ITCMD calculation method for every major state.

See more Brazil guides →