Inherited Property in Brazil: Probate (Inventário) From Abroad

Inheriting a property in Brazil while living in another country usually comes with two problems at the same time: grief, and a legal process in a system that works very differently from the one you know. The good news is that Brazilian probate can be conducted almost entirely at a distance. The challenge is organizing documents, family agreement and taxes before deadlines start to cost money.

Do I need an inventário to receive an inherited property in Brazil?

Yes. Under Brazilian law, the inheritance passes to the heirs at the moment of death (Civil Code, art. 1,784), but the property can only be registered in their names, or sold through a regular deed, after an inventário (probate) and a partilha (division of assets) are completed.

This applies even when the deceased lived abroad or was not Brazilian. Article 23 of the Code of Civil Procedure gives Brazilian authorities exclusive jurisdiction over the probate of property located in Brazil. A will or probate decision issued in another country does not, on its own, transfer a Brazilian property.

Should probate be done in court or at a notary office?

Probate can be done at a notary office when the heirs agree and the legal requirements are met; otherwise, it must go to court. The notary route is usually faster and is often a good fit for families spread across different countries.

	Extrajudicial (notary office)	Judicial (court)
When it fits	Heirs agree on the division and legal requirements are met	Disagreement among heirs, or cases where the law requires court proceedings
Lawyer	Mandatory	Mandatory
Form	Public deed signed at a notary office, also possible through e-Notariado	Court proceeding, with an administrator of the estate (inventariante)
Duration	Generally shorter, depending on documents and tax	Depends on the court and on the degree of conflict

Recent rules from the National Council of Justice widened the situations in which the notary route is available. Whether a specific case qualifies, for example when there is a will or a minor heir, must be checked against the facts. More details in Portuguese are on our page about inheritance and probate of real estate.

What are the deadlines and taxes?

Probate should be opened within two months of the death and concluded within the next twelve months (Code of Civil Procedure, art. 611). The tax on inheritance is the ITCMD (state inheritance and gift tax), charged by the state where the property is located or by the Federal District, and many states apply fines or increases when probate starts late.

Beyond the ITCMD, plan for:

• Notary and registry fees, set by state tables.
• Property debts, such as IPTU (municipal property tax) and condominium fees, which follow the property.
• Document costs: certificates, apostilles and sworn translations.

When the deceased lived abroad or left assets in more than one country, there are specific tax questions that require individual analysis. We do not apply a generic answer to these cases.

Can I sell the inherited property before probate ends?

Only in limited ways. Heirs can assign their hereditary rights by public deed (Civil Code, art. 1,793), or, in judicial probate, the court may authorize a sale through an alvará (court authorization). In both cases, the buyer acquires rights subject to the outcome of probate, not a property already registered in the seller’s name.

Many families choose to complete probate first and then sell, because a buyer will pay more, and with fewer conditions, for a property with clear title. Our Portuguese article on selling inherited property before probate explains the alternatives.

How can heirs abroad take part without traveling?

Heirs abroad can take part through a power of attorney or by signing directly through e-Notariado, the electronic platform of Brazilian notaries. Each heir also needs a CPF (taxpayer ID).

The documents usually required are:

1. Death certificate of the deceased.
2. Marriage certificate of the deceased and, if applicable, of each heir.
3. Identity documents and CPF of all heirs and spouses.
4. Updated matrícula (property registry record) and IPTU bill.
5. Will, if there is one, and documents of any other assets and debts.
6. For documents issued abroad: apostille and sworn translation (tradução juramentada) when not in Portuguese.

Our guide on power of attorney for property in Brazil explains how to issue it through a consulate, a foreign notary or e-Notariado. The most common mistake is issuing a generic power of attorney that the notary does not accept, which forces the heir to repeat the process.

How do we conduct probate for heirs abroad?

We conduct the process remotely, with video calls scheduled across time zones and documents exchanged digitally. The office is in Taguatinga, Brasília, in the Federal District, and we handle probate involving properties located in different Brazilian states, working with local notaries and registries.

We start by mapping the heirs, the assets and the documents, then define the route, court or notary, and prepare each signature. Throughout the process, each heir receives clear updates, wherever they live. For broader questions about managing property from abroad, see Brazilians living abroad. When you are ready, you can contact the firm to start with a review of your family’s situation.