British Expat Without a Brazilian Will: Probate Questions

Educational scenario — not a report of a client engagement or an achieved result. This page replaces an earlier case narrative whose results and quotations were not substantiated for publication. No names, outcomes or savings below are presented as client evidence.

Situation to assess

A British national dies with a Brazilian home and family in more than one country. No separate Brazilian will has been located.

What should you collect first?

Locate all wills, death and marriage certificates, title records and the deceased’s domicile history. Send only a brief description in the initial inquiry; sensitive records belong in an agreed secure intake process after conflict checks.

What distinction changes the decision?

The absence of a Brazilian will does not by itself require judicial probate. A foreign will, disagreement, representation issues and the safeguards in CNJ Resolution 35 affect the route.

What is the next practical step?

Ask Brazilian and relevant UK counsel which assets each proceeding covers and whether a will requires local opening or other recognition. Do not assume a UK grant alone transfers Brazilian real estate.

Probate and tax checks

Brazilian probate eligibility depends on the facts and the current CNJ Resolution 35, including safeguards for wills and vulnerable heirs. A will is neither automatically required for notarial probate nor a guarantee of eligibility. Confirm tax, document and registry requirements before choosing a route.

The Brazilian Civil Code sets succession and family-property rules. For US-connected matters, check the IRS treaty list and current estate-tax guidance. For deaths in 2026, the US federal basic exclusion for citizens and domiciliaries is $15 million; prior gifts, filing elections, state taxes and nonresident rules require separate analysis. This does not exempt Brazilian transfers from ITCMD.

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