Probate lawyer in Brazil to settle the estate on time
Frozen bank accounts, a property that cannot be sold, heirs waiting for answers, sometimes from abroad. We run the probate from the first document to the registered division.
Probate, called inventário in Brazil, is the procedure that identifies the assets, debts and heirs of the deceased and formally transfers the estate. It can be done at a notary's office, when heirs agree, or in court. The Code of Civil Procedure requires it to be opened within two months of death, and a lawyer is mandatory in both routes.
Families looking for a probate lawyer in Brazil usually arrive in a hurry and with many questions, especially when some heirs live abroad. Under the Civil Code (Law 10.406/2002, which governs inheritance in Brazil), art. 1.784, the estate passes to the heirs at the moment of death, but only probate makes that transfer usable. Without it, no property can be sold, no account released and no company shares transferred.
Timing matters. Article 611 of the Code of Civil Procedure (Law 13.105/2015, Brazil's procedural code) requires probate to be opened within two months of death and completed within the following twelve months, deadlines the judge may extend. In Pernambuco, the ITCMD, the state tax on inheritance and gifts, has been governed since 2026 by State Complementary Law 563/2025, which provides for fines and surcharges when the tax is not declared and paid on time.
We treat probate as a project with clear stages: choosing the right route, gathering documents, calculating the tax, managing the conversation among heirs and taking the division through to registration. Every decision is explained before it is made.
When to call a lawyer
A recent death in the family
The legal deadline starts running on the date of death. Starting early avoids fines and leaves time to gather certificates, value assets and choose the right route.
Frozen assets and bills piling up
Blocked bank accounts, rent with no one to receive it, property tax falling due and a company with no one to sign. Probate and, where appropriate, a court authorization (alvará) release what is urgent.
Heirs who disagree
Disagreement over the value, use or sale of a property closes the notary route. Skilled handling seeks agreement where possible and takes to court only what remains in dispute.
A minor, incapacitated or overseas heir
These scenarios require specific steps, such as review by the Public Prosecutor's Office or a power of attorney signed abroad. Planning the paperwork from the start avoids delays.
What happens when you put it off
- Fines and surcharges on the ITCMD, provided for in Pernambuco law when the tax is declared and paid late.
- Frozen assets: property that cannot be sold or financed, blocked accounts and shares that cannot be transferred.
- Growing tension among heirs, which tends to push a case that could be settled at a notary into court.
- Assets losing value for lack of management, with condominium fees, taxes and upkeep piling up on the estate.
How we work
Assessment and deadlines
We check the date of death, the marital property regime, whether there is a will and whether any heirs are minors or live abroad. From there, we set out the available route and a work schedule.
Asset mapping
We gather certificates, property records, bank statements, articles of association and debts. A complete picture of the estate prevents supplementary divisions and surprises at the notary or in court.
Tax and costs
We calculate the ITCMD, prepare the return for the state tax authority and estimate the costs of the chosen route, so the family decides with its own figures in hand.
Notary or court probate
On the extrajudicial route, we draft the deed and attend the signing. In court, we file the case, request the appointment of the estate administrator and seek authorizations for urgent expenses.
Division and registration
Once the division is formalized, we follow its registration at land registries, the transfer of accounts and vehicles and the amendment of company documents, until each heir holds their assets in their own name.
What you receive
- Initial opinion with the recommended route, deadlines and document checklist
- Estate map with assets, debts and the registration status of each item
- ITCMD calculation and filing with the Pernambuco tax authority or the competent state
- Draft notarial probate deed or initial petition for court probate
- Follow-up on registration of the division until the final transfer of assets
Why the firm
A schedule from the first meeting
The family leaves the first meeting knowing which deadlines are running, which documents are missing and what the next step is.
Business and family at the same table
When the estate includes company shares, our review covers the articles of association, the shareholders' agreement and the valuation of the deceased partner's stake, so operations keep running.
Heirs wherever they are
We organize powers of attorney, foreign documents and remote signatures, acting throughout Brazil from Recife.
Illustrative scenario
Hypothetical scenario, for illustration only. A widow contacts the firm a few weeks after her husband's death. Their children agree on the division, but one daughter lives in Portugal, and the couple left an apartment, a joint account and shares in a small company. The first step is to confirm the marital property regime and the widow's own share. The team then guides the daughter's power of attorney abroad, calculates the ITCMD and prepares the deed at a notary's office. The company amendment runs in parallel so the business keeps operating. Every case has its own particularities, and no outcome can be predicted.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
Do I need a probate lawyer in Brazil if probate is done at a notary's office?
Yes. Brazil's Code of Civil Procedure requires all parties to be assisted by a lawyer or public defender before the notary can execute the deed. The lawyer also checks documents, calculates the tax and drafts the division, which reduces notary requirements and registration errors.
What is the deadline to open probate in Brazil?
The deadline is two months from the date of death, under article 611 of the Code of Civil Procedure, with completion expected within the following twelve months. The judge may extend these deadlines. On the tax side, Pernambuco law provides for fines and surcharges for late ITCMD filing and payment.
When is extrajudicial probate at a notary possible?
It is possible when the heirs agree and are assisted by a lawyer, as provided by Law 11.441/2007 (which allowed probate by public deed). Since CNJ Resolution 571/2024, which amended CNJ Resolution 35/2007 (national rules for notaries), it may also be used with a minor or incapacitated heir, with an ideal share in each asset and a favorable opinion from the Public Prosecutor's Office, and in some cases with a will. If there is a dispute, the case goes to court.
How much does probate cost in Brazil?
The cost depends on the estate and the route chosen. It adds up the ITCMD, which in Pernambuco has progressive rates based on the value of each share, notary or court fees and legal fees. The estimate comes after the assets are mapped.
Can an heir who lives abroad take part in probate in Brazil?
Yes. The heir signs a power of attorney at a Brazilian consulate or before a foreign notary, with an apostille or legalization, and is represented in Brazil. Assets located in Brazil are probated here, under article 23 of the Code of Civil Procedure, even if the deceased was a foreigner or lived abroad.
Can a property be sold before probate is completed?
Yes, with authorization. In court, the estate administrator asks the judge for an alvará. On the notary route, CNJ Resolution 35/2007, as amended in 2024, allows the sale by deed in specific cases, such as paying the tax and the expenses of the probate itself.
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A death in the family and many questions?
Send us what you already have, even if incomplete. In the first conversation, we outline deadlines, documents and the most suitable route for your case.