A Brazilian Inheritance, Handled End to End — in English, From Wherever You Are

Losing someone is hard enough. Doing it across a border, in a language you don't speak, shouldn't fall on you too. We are licensed Brazilian lawyers, led by the first American to pass Brazil's Bar — a man who immigrated here himself and learned this system from the outside in. Sign a power of attorney and we carry the inventario for you; in most cases you never set foot in Brazil. Tell us your situation, and you'll leave knowing exactly what comes next.

Tell Us Your Situation

We respond within 24 hours
English & Portuguese
Your data is protected under LGPD

Chat with us on WhatsApp

Message us and we'll answer your questions about your situation and next steps — and set up a consultation if it's the right fit.

Or book a paid 60-min consultation — US$300

A full private video session with a Brazil-licensed lawyer (OAB/SP 351.356). Choose a time that works for you.

The USD 300 consultation fee is fully credited toward your legal fees if you retain us.

1st American admitted to the OAB
1,200+ cases handled
15+ years
OAB/SP 351.356

700+

Cases Handled

15+

Years of Experience

1st

American to Pass the OAB

LL.M.

USC Law School

What Brazilian Probate (Inventario) Involves — From Abroad

In Brazil, the formal procedure to transfer a deceased person's assets to their heirs is called the inventario. When every heir agrees and no minors or incapacitated parties are involved, it can be done out of court at a notary office (inventario extrajudicial). Otherwise it goes through the courts (inventario judicial). Brazilian law also reserves a fixed share of the estate for certain heirs (legitima), which shapes how assets can be divided. None of this works the way inheritance does back home — and closing exactly that gap, for foreigners, is the whole of what we do.

You do not have to be in Brazil for any of it. Foreign heirs — heirs of Brazilian nationals, of foreign residents in Brazil, or of non-residents who simply owned assets here — complete the entire process from abroad through a power of attorney (procuracao), signed at a Brazilian consulate or apostilled in your own country. We tell you straight what, if anything, genuinely needs you in person, and we carry everything else on your behalf.

From there, we do the heavy lifting: gathering the documents (death, marriage and birth certificates, property records, bank and investment statements, vehicle titles), preparing and filing everything, calculating and paying the ITCMD state inheritance tax, representing you before the notary or court, and completing the property transfers and registry updates once the succession is formalized. You correspond with your lawyer directly, in English, and we explain every step before it happens — you are never in the dark about your own family's estate.

What We Handle, Start to Finish

Remote Representation

A power of attorney lets us stand in for you before Brazilian courts and notaries — so you stay home and grieve, instead of boarding a flight.

Document Collection

We track down what the estate needs — death and civil certificates, property records, bank and investment statements, vehicle titles — so you never chase Brazilian paperwork from another country.

Filing & Proceedings

We file and run the case — inventario extrajudicial at the notary, or inventario judicial in court when the law requires it — and keep you updated, in plain English, at every turn.

Asset Distribution

Once the succession is formalized, we complete the property transfers, bank account releases, and registry updates that put the assets squarely in the heirs' names.

Find the assets a parent or relative left in Brazil

Many heirs abroad start with a harder question than how to run the inventario: what did the deceased actually own in Brazil? There is no single national search. Real estate sits at the Cartorio de Registro de Imoveis of the district where the property is located, and certificates can be requested by name and CPF. Bank accounts and investments are traceable through the Central Bank's account-relationship register (CCS), which heirs or the estate's representative can request with the death certificate and proof of the family link. Vehicles are held by the state DETRAN, company shares at the Junta Comercial, and the deceased's last income-tax return, which lists declared assets, can be obtained by the estate from the Receita Federal.

We run these searches on your behalf from a name and a CPF, and hand you a written asset map before deciding whether an inventario is needed at all. If a property was never registered in the deceased's name, we tell you what that means for the estate and what can be done about it.

ITCMD & deadlines: the inheritance tax, and when it is due

ITCMD is Brazil's state-level inheritance tax. Each state sets its own rate — currently capped at 8% by the Federal Senate — and its own exemptions, so the same estate is taxed differently depending on where the assets sit. The Code of Civil Procedure gives the heirs two months from the date of death to open the inventario; several states, Sao Paulo among them, add a percentage penalty on the ITCMD when that window is missed, and interest accrues on tax paid late. Missing the window does not forfeit the inheritance — it makes it more expensive.

The tax is calculated and paid before the assets can be transferred to the heirs' names. Use our free calculator for a first estimate by state; we then confirm the exact figure, the exemptions that apply, and the payment route (it can be paid from abroad) for your estate.

Open the ITCMD calculator Read the full guide: international probate in Brazil

Three things heirs abroad usually need next

Formalizing the succession is the middle of the story, not the end. These are the steps that follow — and the one that prevents the problem for the next generation.

Transfer inherited property into your name

Once the succession is formalized — by a notarial deed (escritura de inventario) or a court order (formal de partilha) — each property is registered in the heirs' names at the Cartorio de Registro de Imoveis, and bank balances are released. Heirs abroad need a CPF, and a power of attorney lets us sign and file every step. If the property was never registered in the deceased's name, that gap has to be closed first; we check the matricula before anything is filed.

Sell inherited property and send the proceeds abroad

Heirs may sell inherited property after the transfer or, in an extrajudicial inventario with all heirs in agreement, sometimes directly from the estate. The sale follows the usual steps — title check, purchase agreement, public deed, ITBI, registration — and we can close by power of attorney. Proceeds can be sent abroad through a registered foreign-exchange transaction. Capital-gains tax may apply on the difference between the value declared in the inventario and the sale price; we map that with you before the property is listed.

Wills and estate planning for Brazilian assets

Brazilian law reserves half of the estate (the legitima) for necessary heirs — descendants, ascendants and the spouse — so a will can only direct the other half. A foreign will can take effect over Brazilian assets after confirmation by a Brazilian court, and a Brazilian public will (testamento publico) drawn at a notary is often the cleaner instrument when assets sit here. We draft or review wills for foreigners with Brazilian assets and explain how the two estates interact.

How a Brazilian inventario works with us

A clear path from first call to the assets reaching the heirs' names. The exact steps depend on the estate — we confirm the current requirements with you before anything is filed.

1

Initial review

We talk through the estate, who the heirs are, and what assets sit in Brazil, then flag the likely path — extrajudicial or judicial — and tell you honestly whether we can help.
2

Power of attorney & documents

You sign a procuracao so we can act for you, and we give you a checklist tailored to the estate — helping gather, apostille, and arrange sworn translation of what is needed.
3

Filing the inventario

We prepare and open the inventario before the right Brazilian authority — the notary office or the court — and handle the paperwork remotely on your behalf.
4

Inheritance tax & proceedings

We calculate and arrange payment of the ITCMD state inheritance tax for the estate and respond to requests as the case moves. Timelines vary by state and case, so we keep you updated.
5

Transfers & follow-up

Once the succession is formalized, we complete the property transfers, bank releases, and registry updates that put the assets in the heirs' names — and stay available for what comes next.

Not sure where the estate fits?

Tell us about the assets and the heirs, and we'll walk you through the path that applies to your case.

Start your case review Prefer WhatsApp? Message us in EN or PT

What you'll need

Most estates draw on the same core documents. Think of this as a starting point — the exact list depends on the assets and the family, and we confirm the current requirements with you.

The deceased's death certificate
Civil documents of the heirs (e.g. birth or marriage certificates), apostilled where issued abroad
A sworn (juramentada) translation of foreign documents
Records of the Brazilian assets (e.g. property deeds, bank or investment statements, vehicle titles)
A CPF (Brazilian tax ID) for each heir — we can help you obtain one
A power of attorney (procuracao), so we can act for you remotely

Your case may need more or fewer documents. We give you a tailored checklist before you start gathering anything.

Where foreign heirs commonly get stuck

A few things trip people up more than others. Knowing them early makes the process smoother — here's what careful handling looks like.

Documents that aren't apostilled or sworn-translated

Foreign certificates often need an apostille and a sworn (juramentada) translation to be accepted by a Brazilian notary or court. Sorting the right format up front avoids back-and-forth later.

Assuming the estate can always skip court

An out-of-court inventario depends on the situation — when certain heirs or disagreements are involved, it can move through the courts instead. We confirm which path applies before filing.

Overlooking the ITCMD inheritance tax

The ITCMD state tax is part of formalizing the succession and varies by state. We calculate the applicable amount for the estate so it doesn't become a surprise mid-process.

Trying to coordinate heirs across countries alone

When heirs sit in different countries, gathering each power of attorney and document set in the right form takes sequencing. We organize it so nothing slips.

Useful terms

Inventario: The formal Brazilian procedure for transferring a deceased person's assets to their heirs.
Inventario extrajudicial: An out-of-court inventario handled at a notary office, available in certain situations where heirs agree.
Inventario judicial: An inventario carried out through the courts, used when the situation calls for judicial oversight.
Procuracao: A power of attorney — lets us act on your behalf, so much can be handled remotely.
ITCMD: Brazil's state-level tax on inheritances and gifts, applied as part of formalizing a succession.
Legitima: The portion of an estate that Brazilian law reserves for certain heirs (forced heirship).
Certidao negativa: An official certificate confirming there are no pending debts or records of a given type.
Apostille: An international certification that makes a document from one country valid in another.
Tradução juramentada: A sworn translation by an official translator, required for many foreign documents in Brazil.

Meet Your Legal Team

Zachariah Zagol

Founding Partner — OAB/SP

The first American to pass Brazil's Bar Exam. LL.M. from USC. Over 18 years helping foreigners navigate Brazilian law.

Karina Peres Silverio

Partner — OAB/SP 331.050

Specialist in immigration, real estate, and international law. Fluent in English and Portuguese.

Frequently Asked Questions

Can I handle probate in Brazil from abroad?

In most cases, yes. Through a power of attorney (procuracao), we can represent you in the court and notary proceedings without you needing to travel to Brazil. The power of attorney can be signed at a Brazilian consulate in your country or apostilled locally, and we will tell you upfront if anything in your specific case genuinely requires your presence.

How long does the probate process take in Brazil?

It depends on the estate. A consensual, out-of-court inventario (where all heirs agree) generally moves faster than a contested or judicial one, where complexity, the number of heirs, and the court schedule all play a part. Once we have reviewed your case, we give you a realistic sense of the timeline for your specific situation.

What happens when there are multiple heirs in different countries?

We coordinate with heirs across jurisdictions, gathering powers of attorney and documentation from each. Brazilian inheritance law has mandatory succession rules that allocate specific shares to certain heirs. We ensure all parties understand their rights and the process.

Are there inheritance taxes in Brazil?

Yes. Brazil levies ITCMD (Imposto sobre Transmissao Causa Mortis e Doacao), a state-level inheritance tax. The rate and any exemptions depend on the state where the estate is processed, so we confirm the current rule and the applicable amount for your case, and help you plan for it before it comes due.

Can I inherit real estate in Brazil as a foreigner?

Yes. Foreigners can inherit property in Brazil, including real estate. The property will need to be transferred through the probate process and registered in your name. If the property is rural land, certain size restrictions may apply, similar to purchase restrictions for foreigners.

Can the inventario go out of court, or does it have to go through a judge?

It depends on the estate. An out-of-court inventario (extrajudicial) at a notary is available in certain situations; others move through the courts. We review your case and confirm which path applies before anything is filed.

Do the estate documents need to be translated and apostilled?

Foreign documents often need a sworn (juramentada) translation and an apostille to be accepted in Brazil. We tell you exactly which of yours do, and in what form, before you arrange anything.

What is the legitima, and how does it affect how the estate is divided?

The legitima is the share of an estate that Brazilian law reserves for certain heirs (forced heirship), which shapes how assets can be allocated. How it applies depends on the family and the estate, and we explain it for your specific situation.

Which languages do you work in?

We work in English and Portuguese, so you can go through the whole inventario in the language you are most comfortable with.

Helpful Resources

Estate & Family Law Practice Area

Full overview of our estate planning and family law services

Family Law Resources

Guides on inheritance, probate, and estate planning

Blog & Guides

100+ articles on Brazilian law for foreigners

Tell Us About the Estate

Send us a short description of your situation and the assets in Brazil. We'll ask a few questions, walk you through exactly how the inventario would work for you, and lay out your next step — directly with a licensed Brazilian lawyer, in English. When you're ready, we're here.

Get in Touch WhatsApp Us