Probate in Brazil: How the Inheritance Process (Inventário) Works for Families and Foreigners

Probate in Brazil: How the Inheritance Process (Inventário) Works for Families and Foreigners

When a person living in Brazil passes away leaving assets, the Brazilian law requires the opening of a probate proceeding, known in Portuguese as inventário. Many foreigners and expats living in Brazil — or with relatives who lived here — are often surprised by how formal the process is and how many documents are required.

This article provides a clear overview of how probate in Brazil works, the main steps, required documents, deadlines, and how a lawyer can help guide the process smoothly.

1. What is Probate (Inventário) in Brazil?

Inventário is the legal procedure used to:

- Identify the assets and debts of the deceased

- Calculate and collect inheritance tax (ITCMD)

- Transfer the assets to the heirs

2. Is Probate Mandatory?

Yes. Under Brazilian law, probate is always mandatory when the deceased leaves:

- Real estate in Brazil

- Bank accounts

- Vehicles

- Investments

- Company shares or quotas

- Any other valuable assets

Probate ensures legal transfer of ownership and prevents future disputes or irregularities.

3. Types of Probate in Brazil

A. Extrajudicial Probate (Notary Office)

This is the fastest and simplest method. It can be used when:

- All heirs agree

- There are no disputes

- There are no children/teenagers or legally incapacitated heirs

This procedure is completed at a notary office (Tabelionato de Notas) and is usually finalized in 1 to 3 months or more according to the complexity of the assets involved.

B. Judicial Probate (Court Process)

Required when:

- There is a dispute between heirs

- There are children/teenagers or incapacitated heirs

Judicial probate often takes longer and may last several years depending on the complexity of the estate.

4. Is a Lawyer Required for Probate in Brazil?

Yes. Brazilian law requires that the heirs be represented by an attorney, both in extrajudicial probate and judicial probate.

5. Documents Required for Probate

Personal documents:

- Death certificate

- ID and taxpayer number (CPF) of the deceased

- IDs and CPFs of all heirs

- Marriage or birth certificates

Additional documents may be required depending on the assets and specific circumstances.

Asset documents:

- Property deeds and updated property certificates

- Bank statements and account information

- Vehicle registration documents

- Company contracts or share documents

- Investment statements

Foreign documents must be apostilled and sworn translated (tradução juramentada).

6. Inheritance Tax (ITCMD)

In Rio Grande do Sul, the rate ranges from 0% to 6%, depending on the valuation of the assets performed by the State Tax Authority. The tax must be paid before assets can be transferred.

7. Why Foreign Families often need Assistance

Common challenges include:

- Apostille and translation requirements

- Communication with Brazilian banks and registries

- Lack of Brazilian taxpayer numbers (CPF)

- Understanding local procedures

8. Real Estate and Bank Accounts in Brazil

Real estate, bank accounts, investments, vehicles, and company shares located in Brazil all require Brazilian probate to transfer ownership if no previous planning was made before the death.

9. Final Distribution of Assets

Once probate is complete and taxes are paid, the notary or court issues the formal deed of distribution (escritura de partilha), allowing heirs to register property, release funds, and transfer assets.

Conclusion

Probate in Brazil is a formal and structured process that requires legal representation and careful documentation, especially for international families.

If you need to file a probate in Brazil, feel to contact for guidance or legal representation by clicking here!

Matheus Costa

OAB/RS 96.769

Brazilian Lawyer — Experience in probate (inventários)

Postgraduate and Master of Science in Law