Lawyer Specialized in Probate and
Asset Partition in Brazil

How you can be assisted to
resolve the probate process

Judicial
Probate

Non-Judicial
Probate

Faster resolution when there is consensus among the heirs

Protection of heirs' rights in complex cases

How it works: Conducted directly via public deed at Brazilian notary offices, eliminating the need for lengthy court proceedings. Ideal for those seeking swift real estate transfers and rapid asset release.

How it works: Strategic guidance in probate proceedings involving disputes among heirs, wills, real estate encumbrances, or minors and legally incapacitated individuals before the Brazilian Judicial System.

Legal Practice Guided by
Transparency and Efficiency

Managing a probate process requires more than legal expertise; it demands sensitivity in handling family assets and efficiency to prevent unnecessary financial burdens.

Headquartered in Porto Alegre, the law firm provides personalized representation at every stage - from the opening of succession upon passing, asset identification, and oversight of temporary administrator and executor duties, to drafting meeting minutes among heirs, formal notifications, court filings, structuring partition plans, securing final probate distribution deeds (formais de partilha) or public deeds, and completing all required registrations and recordings with the appropriate authorities across Brazil.

Frequently Asked Questions (FAQ)

What is the deadline to open probate in Brazil without incurring tax penalties?

Probate proceedings must be initiated within the legal deadline of 60 days following the date of death. Failure to meet this deadline may result in late-filing tax penalties applied to the state estate transfer tax (ITCMD).

Who is eligible for Non-Judicial Probate at a Notary Office?

As a general rule, all heirs must be of legal age, fully capable, and in complete agreement regarding the division of assets. Recently, the National Council of Justice (CNJ) also extended this modality to cases involving heirs under eighteen years of age, provided there is participation by the Public Prosecutor's Office. Additionally, representation by an attorney is mandatory.

How is the ITCMD (transfer tax) calculated and collected?

The ITCMD (State Estate Transfer Tax) is assessed directly with the State Department of Revenue where the property or estate is located. Total expenses - including ITCMD taxes, notary fees, and court costs - depend on the overall value of the estate. 

Why can judicial probate take years in Brazil?

Each judicial probate proceeding is unique and subject to numerous variables that influence its timeline. These factors include the specific court handling the case, the number of parties involved, procedural disputes or interlocutory appeals, the efficiency of the estate executor, the size and complexity of the assets, and the financial capability of the heirs to settle fees and taxes, among others.

Are there legal strategies to expedite judicial probate proceedings in Brazil?

Yes. Depending on the circumstances of the case, specific legal strategies may be applied. These include isolating a complex asset for a subsequent supplemental partition (sobrepartilha) to allow the main estate to proceed, obtaining judicial authorization letters (alvará judicial) for low-value assets, pursuing adverse possession (usucapião) for real estate held outside the probate process, or executing an adjudication - where one or more heirs acquire a specific asset directly in exchange for depositing its court-appraised value into an escrow account.

What happens if you do not perform probate on the estate?

Beyond late-filing tax penalties, failing to conduct probate leaves the estate's ownership status irregular. Consequently, if an heir attempts to sell a property to a third party who relies on mortgage financing, the financial institution will require, at a minimum, the written consent of all heirs. Frequently, heirs disagree on the sale price or the distribution of their respective shares (quinhões), triggering family conflicts and ultimately frustrating the sale.

What happens to the estate immediately following a death?

Upon death, succession is automatically opened by operation of law, transforming the estate into a temporary joint ownership (condomínio) among all heirs. Consequently, all heirs are jointly responsible for estate liabilities (up to the value of the inheritance) and, if a positive balance remains, for receiving the inherited assets.

Because the estate operates as joint property, all heirs must proportionally share ongoing debts incurred after death, such as property taxes (IPTU). If a single heir covers these post-death expenses while formal asset transfer remains pending, they are entitled to seek reimbursement by deducting those amounts from the other heirs' shares (quinhões).

Once legal ownership is formally transferred, the heir(s) who acquire title become solely responsible for any liabilities arising after the transfer.

Is legal representation by an attorney mandatory in probate?

Yes. For both judicial and non-judicial probate, heirs must be represented by a duly licensed attorney.

Is it possible to conduct probate when an heir resides abroad?

Yes. An heir residing outside of Brazil does not prevent or delay probate proceedings. The non-resident heir can execute a power of attorney from their country of residence, granting legal authority to a Brazilian attorney to represent them throughout the process.

Need assistance opening or unblocking a probate process in Brazil?

Reach out to discuss the appropriate legal strategy for your case and clear up any questions regarding deadlines and required documentation.

Matheus da Costa Individual Law Partnership -
OAB/RS 15.612

Responsible Lawyer: Matheus Sprenger Neubauer da Costa - OAB/RS 96.769

Address: Street Doutor Campos Velho, nº 792, Room 203, Cristal, CEP 90820-000,
Porto Alegre, Rio Grande do Sul, Brazil

Phone number: +55 51 9 9969-0690

E-mail: matheus@advmatheuscosta.com.br

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