Estate Planning Checklist — Foreigners in Brazil

A complete estate plan for a foreigner living in Brazil requires coordinating Brazilian legal requirements with obligations in your home country. Missing a single item — an unregistered CPF for an heir, an uncoordinated will, a missed DCBE filing — can delay probate by months and cost your family thousands in penalties and avoidable taxes. This checklist walks you through every step in five phases, from immediate actions to the annual review cycle that keeps your plan current.

“A complete estate plan for a foreigner in Brazil requires coordinating two legal systems that do not communicate with each other. Missing a single item — an unregistered CPF for an heir, an uncoordinated will — can delay probate by months and cost your family thousands.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

Phase 1: Immediate Actions — Foundation

These are the first steps every foreigner in Brazil should take, regardless of net worth or complexity.

1. Obtain or Confirm Your CPF

Every foreigner with assets in Brazil needs a CPF (Cadastro de Pessoas Físicas). Without one, you cannot open bank accounts, purchase property, or have your estate processed in Brazil. If you already have a CPF, confirm it is active (situação regular) at the Receita Federal website.

• CPF is active and current
• CPF number recorded in a secure location accessible to your executor/inventariante

2. Create a Comprehensive Asset Inventory

List every asset in Brazil AND abroad. Brazilian probate requires a complete declaration of the deceased’s assets. Missing assets discovered later require a sobrepartilha (supplementary partition) — an additional legal proceeding.

• Brazilian real estate — include registration number (matrícula), cartório, and current market value
• Brazilian bank accounts — institution, account number, approximate balance
• Brazilian investments — stocks, funds, CDBs, previdência privada (VGBL/PGBL)
• Vehicles — RENAVAM number, current value
• Company interests — CNPJ, percentage held, contrato social location
• Foreign real estate — address, estimated value, title documentation
• Foreign financial accounts — institution, country, approximate value
• Foreign retirement accounts — 401(k), IRA, SIPP, pension, country
• Digital assets — cryptocurrency, domain names, digital accounts with monetary value
• Life insurance policies — issuer, beneficiaries, death benefit amount
• Debts and liabilities — mortgages, loans, guarantees (debts are deducted from the estate)

3. Identify All Potential Heirs Under Brazilian Law

Brazilian forced heirship rules under the Civil Code (Lei 10.406/2002), Art. 1,845-1,850, require that 50% of your estate pass to herdeiros necessários (compulsory heirs). Understanding who qualifies is essential before any planning.

• Descendants — children (including adopted), grandchildren, great-grandchildren
• Ascendants — parents, grandparents (only inherit if no descendants)
• Spouse or stable union partner — confirm legal status and applicable marital regime
• Non-compulsory heirs — siblings, nieces/nephews, friends (can receive up to 50% via the quota disponível)

4. Confirm Your Marital Property Regime

Your marital property regime determines what is your estate and what belongs to your spouse. Under Brazil’s default comunhão parcial de bens, assets acquired during the marriage are shared — the surviving spouse’s meação (50% of marital property) is not part of the estate and is not subject to ITCMD.

• Marital regime identified — comunhão parcial, separação total, comunhão universal, or participação final nos aquestos
• Prenuptial agreement reviewed (if applicable) — confirm enforceability in Brazil
• Stable union status — if not formally married, confirm whether a união estável exists (this grants spousal inheritance rights)

Phase 2: Documents — Legal Instruments

5. Draft a Brazilian Will (Testamento)

A Brazilian will is the single most important document for a foreigner’s estate plan. Without one, Brazilian intestacy rules apply — and they may not match your intentions.

• Brazilian public will (testamento público) drafted and registered at a cartório de notas
• Will respects forced heirship — legítima (50%) allocated to compulsory heirs
• Quota disponível (50%) directed per your wishes
• Inventariante (estate administrator) named in the will
• Will explicitly states it covers Brazilian assets only (to avoid conflict with foreign wills)

6. Coordinate Foreign Will(s)

If you have assets in your home country or other jurisdictions, you need coordinated wills.

• Home country will drafted or updated — covering non-Brazilian assets
• Non-revocation clause included — each will explicitly preserves the other
• Home country attorney informed of Brazilian will’s existence and scope
• If US citizen: will addresses US estate tax implications
• If UK citizen: will considers IHT domicile issues

7. Execute a Power of Attorney (Procuração)

A durable power of attorney allows a trusted person to act on your behalf if you become incapacitated. Brazil does not have a direct equivalent to the US “durable” POA, but broad procurações with specific powers can serve a similar function.

• Brazilian POA (procuração pública) executed at a cartório — granting financial and legal powers
• POA includes powers for: bank transactions, property management, tax filings, legal representation
• Foreign POA reviewed for Brazilian enforceability (apostille + sworn translation required)

8. Healthcare Directive (Diretiva Antecipada de Vontade)

Brazil recognizes advance healthcare directives under CFM Resolution 1,995/2012, with enforcement supported by CNJ provimentos on notarial registration.

• Living will / healthcare directive drafted and registered
• Healthcare proxy (procurador de saúde) designated
• Directive communicated to family members and primary physician

Phase 3: Structures — Asset Optimization

9. Evaluate a Holding Company (Holding Patrimonial)

A Brazilian holding company can centralize real estate, simplify succession (transferring quotas instead of individual properties), and potentially reduce ITCMD. However, LC 227/2026 introduced anti-avoidance provisions for holdings used primarily for succession.

• Cost-benefit analysis completed — compare ITCMD on direct ownership vs. holding structure
• Corporate income tax implications assessed (IRPJ, CSLL on rental income vs. IRPF)
• LC 227/2026 anti-avoidance provisions reviewed — ensure the holding has legitimate business purpose
• If proceeding: contrato social drafted, CNPJ obtained, assets transferred

10. Review Trust Structures

If you have existing trusts in your home country (US revocable trust, UK discretionary trust, etc.), review their treatment under Brazilian law.

• Existing trusts inventoried — type, jurisdiction, assets, beneficiaries
• LC 227/2026 trust provisions reviewed — Brazilian ITCMD now applies to certain trust events
• Trust advisory consultation completed if trust assets exceed R$1 million
• See our comprehensive trusts in Brazil guide

11. Life Insurance Review

Life insurance death benefits are generally exempt from ITCMD under Art. 794 of the Brazilian Civil Code (though some states challenge this post-reform) and are paid directly to beneficiaries — bypassing probate.

• Existing policies reviewed — death benefit, beneficiary designations, coverage adequacy
• Beneficiary designations current (divorce, new children, changed circumstances)
• VGBL (Vida Gerador de Benefício Livre) evaluated as a succession-planning vehicle
• Foreign life insurance policies reviewed for Brazilian tax treatment

Phase 4: Tax Compliance and Planning

12. ITCMD Planning

• Current ITCMD exposure calculated — by state, at current progressive rates
• ITCMD rates in your state reviewed
• Pre-2027 donation strategy evaluated — lock in current rates before states implement higher progressive rates
• LC 227/2026 transition rules reviewed — reform guide
• Exemptions and deductions identified (small estate exemptions, funeral expenses, debts)

13. International Reporting Compliance

If you have US connections or assets in multiple countries, compliance obligations are critical — penalties for non-filing can exceed the value of the undisclosed accounts.

• DCBE (Declaração de Capitais Brasileiros no Exterior) — required if foreign assets exceed US$1 million; filed annually by June 5 to Banco Central. See our DCBE/FBAR guide.
• FBAR (FinCEN Form 114) — required for US persons with foreign accounts exceeding $10,000 aggregate; due April 15 (auto-extension to October 15)
• FATCA (Form 8938) — required for US persons meeting reporting thresholds; filed with US tax return
• DIRPF (Brazilian annual income tax return) — foreign assets declared on Bens e Direitos
• Home country tax return — foreign assets and income reported as required
• Use our compliance calendar to track all deadlines

14. Exit Strategy Planning

If you may leave Brazil in the future, plan the tax consequences in advance.

• Saída definitiva (permanent departure declaration) implications reviewed
• Capital gains tax on Brazilian asset disposition calculated
• Home country re-entry tax implications assessed (US: worldwide taxation resumes immediately; UK: deemed domicile rules)
• ITCMD impact of changing domicile evaluated

Phase 5: Annual Review

15. Annual Estate Plan Review

Estate plans are not “set and forget.” Brazilian tax law changes frequently — LC 227/2026 is the most recent major reform, but state-level changes occur constantly.

• Asset inventory updated — new acquisitions, dispositions, value changes
• Wills reviewed — still reflect your wishes? New children, divorce, changed relationships?
• Beneficiary designations checked — life insurance, VGBL/PGBL, pension accounts
• Holding company / trust structures reviewed — still compliant with current law?
• ITCMD rates reviewed — states may change rates or brackets annually
• Tax compliance filings confirmed — DCBE, FBAR, DIRPF, FATCA all current
• Powers of attorney reviewed — agents still willing and able to serve?
• Family changes documented — marriages, divorces, births, deaths affecting the estate plan
• Professional team confirmed — Brazilian attorney, home country attorney, accountant, financial advisor

Recommended review date: Annually in January — before tax filing season begins and early enough to implement changes for the calendar year.

Frequently Asked Questions

How long does it take to complete this entire checklist?

For a straightforward situation (single jurisdiction, clear heirs, moderate estate), Phases 1 and 2 can be completed in 4–8 weeks. Phase 3 structures may take 2–4 months to evaluate and implement. The entire checklist, including compliance setup, typically takes 3–6 months for a first-time estate plan. Annual reviews (Phase 5) take 2–4 hours per year with an organized system. Schedule a consultation to get a timeline specific to your situation.

Do I need a Brazilian will even if I already have one in my home country?

Yes — strongly recommended. While a foreign will can technically be used in Brazilian probate, it must be apostilled, translated by a sworn translator (tradutor juramentado), and may require judicial recognition. This adds months and significant expense. A Brazilian testamento público registered at a cartório is immediately recognized by Brazilian courts and notaries. The key is coordination — both wills must include non-revocation clauses so that one does not invalidate the other. See our wills and testamentary planning service.

What happens if I die without completing this checklist?

Your estate will be distributed according to Brazilian intestacy law (Civil Code Art. 1,829–1,844), which may not reflect your wishes. Without a will, probate is typically judicial (not the faster extrajudicial route), taking 12–24 months. Without a CPF for foreign heirs, the process stalls. Without coordinated wills, assets in different countries may be subject to conflicting proceedings. Without ITCMD planning, your heirs may pay the maximum rate. The cost of not planning almost always exceeds the cost of planning. Contact us to start the process.

“The cost of not planning almost always exceeds the cost of planning. Every strategy — lifetime donations, holding company formation, will drafting — requires the asset owner to be alive and competent. The consultation exists to implement these strategies while they are still available.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

Why ZS Advogados?

We built this checklist from the patterns we see in every client engagement — the items that, when missed, cause the most pain for families. Zac Zagol and the ZS estate planning team guide foreign clients through every phase, from the first CPF verification to the annual review cycle. We coordinate with attorneys in your home jurisdiction, interface with Brazilian cartórios and tax authorities, and ensure nothing falls through the cracks.

Book your estate planning consultation to walk through this checklist with a specialist, or visit our estate planning hub for the full range of services. For pricing, see our estate planning fee schedule.