FAQ: Probate & Wills for Foreigners in Brazil

Foreigners with assets in Brazil face a probate system that operates very differently from common law jurisdictions. There is no “executor” in the Anglo-American sense, forced heirship restricts your freedom to distribute assets, and the distinction between judicial and extrajudicial probate can mean the difference between months and years. These are the questions our foreign clients ask most frequently — answered with Brazilian law citations, practical timelines, and links to our detailed service pages.

Wills

1. Do I need a Brazilian will if I own assets in Brazil?

Yes — strongly recommended. While Brazilian law does not require a will (intestacy rules under Civil Code Art. 1,829–1,844 will govern distribution), a Brazilian testamento registered at a cartório provides three critical advantages: (1) it allows you to direct the freely disposable 50% (quota disponível) to anyone you choose, including a partner, charity, or non-compulsory heir; (2) it enables extrajudicial probate (faster, cheaper — see Question 8 below), which requires either unanimous heirs or a will; (3) it avoids the costly and time-consuming process of apostilling and translating a foreign will for use in Brazilian courts. See our wills and testamentary planning service for details.

2. What types of wills does Brazil recognize?

Brazilian law (Civil Code Art. 1,862–1,896) recognizes three ordinary forms:

There are also three special forms for extraordinary circumstances: maritime (testamento marítimo), aeronautic (testamento aeronáutico), and military (testamento militar). These are rarely relevant for estate planning purposes.

Our recommendation for foreigners: The testamento público offers the highest legal certainty. Brazil’s public notary system is governed by Lei 8.935/1994, which ensures notarial acts carry full legal force.

“For foreigners, the testamento público is the only form of will I recommend. It is registered in the CENSEC system, virtually impossible to challenge on formal grounds, and immediately usable in probate — saving your family months of delay.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356 It is prepared by a notary, registered in the official system (CENSEC), and virtually impossible to lose or challenge on formal grounds. If you do not speak Portuguese fluently, a sworn interpreter (tradutor juramentado) can assist at the cartório.

3. Can my US or UK will cover my Brazilian assets?

Technically, yes — but practically, it creates significant complications. A foreign will must be: (1) apostilled under the Hague Convention; (2) translated by a sworn translator (tradutor juramentado) registered with the local Junta Comercial; (3) homologated (recognized) by a Brazilian court if it was not made in Brazil. This process adds 3–12 months to probate and substantial legal fees. beyond that, foreign wills that conflict with Brazilian forced heirship rules will be partially invalidated by Brazilian courts. A coordinated dual-will strategy — one Brazilian will for Brazilian assets, one foreign will for foreign assets, with mutual non-revocation clauses — is far more efficient.

4. Can I disinherit someone in Brazil?

Only for specific legal causes enumerated in the Civil Code. Brazil’s forced heirship system requires that 50% of the estate (legítima) go to compulsory heirs (descendants, ascendants, spouse — Art. 1,845). You can disinherit a compulsory heir (deserdação) only if they committed one of the acts listed in Art. 1,961–1,963: attempted murder against the testator, defamation or physical offense, illicit relations with the testator’s spouse, or abandonment of the testator in need. The disinheritance must be expressly stated in the will with the specific cause. The disinherited heir can challenge it in court — and courts interpret the grounds narrowly.

5. How much of my estate can I freely distribute in my will?

Exactly 50%. The Brazilian Civil Code divides every estate into two halves: the legítima (50% reserved for compulsory heirs under Art. 1,846) and the quota disponível (50% freely disposable). The legítima is distributed among compulsory heirs according to the order of succession (Art. 1,829). The quota disponível can go to anyone — a friend, a charity, a non-compulsory relative, or even a compulsory heir (as an additional share, called melhoria when directed to a specific descendant). If you have no compulsory heirs (no descendants, no ascendants, no spouse), you can dispose of 100% freely.

6. Can I include foreign assets in my Brazilian will?

Yes, but it is generally inadvisable. Brazilian notaries will register a will that mentions foreign assets, but enforcing that will abroad depends on the other jurisdiction’s recognition rules. Most jurisdictions do not automatically enforce foreign wills — and some (like the UK) have specific requirements for wills covering local assets. The recommended approach is separate coordinated wills for each jurisdiction. Your Brazilian will should state that it covers Brazilian assets only and should include a clause stating it does not revoke any foreign will. See our wills service for coordination assistance.

Probate

7. How long does probate take in Brazil?

The 60-day deadline to open the estate inventory (CPC Art. 611) starts from the date of death. Late opening does not prevent probate but triggers ITCMD penalties in most states. For foreigners, the timeline is often longer due to document apostilling, translation requirements, and the need to obtain CPFs for foreign heirs. See our international probate service for cases involving foreign heirs or assets.

8. What is the difference between judicial and extrajudicial probate?

Extrajudicial probate (Law 11,441/2007; CPC Art. 610) is processed at a cartório de notas by a notary (tabelião). It requires: (1) all heirs are adults and legally capable; (2) all heirs agree on the partition; (3) all heirs are represented by a lawyer (one lawyer can represent all if no conflict exists); (4) there is no pending lawsuit regarding the estate. The result is a public deed (escritura pública) of partition that is immediately enforceable.

Judicial probate is processed in court and is mandatory when: (1) any heir is a minor or legally incapable; (2) heirs disagree on the partition; (3) the will is contested; (4) there are complex disputes about the estate composition. The court appoints or confirms an inventariante (estate administrator), supervises asset valuation, resolves disputes, and issues a formal de partilha (partition order).

“The difference between extrajudicial and judicial probate is not incremental — it is transformational. We have completed extrajudicial inventories in under 60 days that would have taken two years in court.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

For foreigners: Extrajudicial probate is dramatically faster and cheaper. Having a Brazilian will, ensuring all heirs have CPFs, and pre-agreeing on the partition can qualify your estate for extrajudicial processing — saving your family 12+ months and significant legal fees.

9. Can I do probate from abroad without coming to Brazil?

Yes — through a power of attorney (procuração). A foreign heir can grant a procuração pública at a Brazilian consulate or have a private POA apostilled and translated by a sworn translator. The POA must grant specific powers for the attorney-in-fact (procurador) to: represent the heir in the estate proceedings, sign partition documents, receive assets, and file ITCMD returns. For extrajudicial probate, the procurador appears at the cartório on behalf of the foreign heir. For judicial probate, the procurador is represented by a Brazilian lawyer who appears in court. See our international probate service for remote representation.

10. What documents do foreign heirs need for Brazilian probate?

Foreign heirs typically need to provide:

Key tip: The CPF requirement for every heir is the most common bottleneck. Foreign heirs without a CPF cannot receive assets from a Brazilian estate. Start the CPF application process immediately upon learning of the death — it can take weeks to process through a consulate.

11. How much does probate cost in Brazil?

Probate costs in Brazil include multiple components:

Total typical cost: For a straightforward extrajudicial probate of a R$2 million estate with two heirs, expect total costs of approximately R$200,000–R$350,000 (including ITCMD). For judicial probate, add 30–50% for extended legal fees and court costs. See our pricing page for our fee structure.

12. What is a sobrepartilha?

A sobrepartilha (supplementary partition) under CPC Art. 669 is a second probate proceeding required when: (1) assets are discovered after the original partition was completed; (2) assets that were in dispute during the original proceeding are later resolved; (3) assets located in a foreign jurisdiction are later brought into the Brazilian estate. The sobrepartilha follows the same procedural rules as the original inventory but only covers the newly discovered or resolved assets. It triggers additional ITCMD, attorney fees, and cartório or court costs. Thorough asset inventorying during the original probate minimizes the risk of needing a sobrepartilha.

13. What is an inventariante?

The inventariante is the person responsible for administering the estate during probate — roughly analogous to an executor or personal representative in common law systems. Under CPC Art. 617, the order of preference for appointment is: (1) the surviving spouse or stable union partner (if they were living with the deceased); (2) the heir who was living with the deceased; (3) any heir; (4) the testamentary heir (named in the will); (5) a creditor of the estate; (6) a court-appointed third party (inventariante dativo). The inventariante must: file the initial estate declaration (primeiras declarações), manage estate assets during probate, pay estate debts, file tax returns, and comply with court orders. For foreign families, a trusted Brazilian resident — often a local attorney — can serve as inventariante dativo.

14. What if the deceased had no will and no Brazilian heirs?

If a foreigner dies in Brazil without a will and without Brazilian heirs, Brazilian intestacy rules under Civil Code Art. 1,829 apply. The succession order is: (1) descendants + surviving spouse; (2) ascendants + surviving spouse; (3) surviving spouse alone; (4) collateral relatives up to the 4th degree (siblings, nieces/nephews, great-nieces/nephews, first cousins). If no heir within these categories exists or can be located, the estate passes to the Municipality where the assets are located, the Federal District, or the Federal Government (Art. 1,844). Foreign heirs in any of these categories have full rights — they simply need to prove their relationship through documented evidence (apostilled and translated). Even distant relatives can inherit if closer heirs do not exist.

Why ZS Advogados?

Probate for foreigners in Brazil is fundamentally a documentation and coordination challenge — apostilles, translations, CPF registrations, and communication across time zones and legal traditions. Zac Zagol and the ZS team have handled international probate cases involving heirs on four continents, coordinating with foreign attorneys, consulates, and Brazilian cartórios to keep proceedings on track. We specialize in qualifying estates for extrajudicial probate whenever possible — cutting timelines from years to months.

Schedule a consultation to discuss your probate needs, or contact us for immediate assistance. For proactive planning that simplifies future probate, see our wills service and estate planning checklist. Visit our estate planning hub for a complete overview.