Topic Hub
Estate Planning
By Zachariah Zagol, OAB/SP 351.356 · Updated: April 5, 2026
Comprehensive guides on inheritance law, ITCMD tax, forced heirship, trusts, and cross-border estate planning for foreigners in Brazil.
52 resourcesService Guides
In-depth guides to our estate planning legal services.
Estate Planning Consultation for Expats in Brazil
Book a cross-border estate planning consultation for Americans and foreigners with assets in Brazil. 90-min session, written strategy memo.
Read guide →Inventário in Brazil: What Happens When a Foreigner Dies with Brazilian Assets
Complete guide to inventário (probate) in Brazil when a foreigner dies with Brazilian assets. Judicial vs extrajudicial, ITCMD, partilha, foreign death.
Read guide →How to Find Property and Assets a Deceased Relative Left in Brazil
Where to search for a deceased relative's Brazilian property, bank accounts, wills, land, vehicles and company shares, and what an attorney can do under a POA.
Read guide →Wills in Brazil for Foreigners — Testamentary Planning
Create a valid Brazilian will as a foreigner. Public, private, and holographic wills, forced heirship rules, and cross-border coordination.
Read guide →Inventário from Abroad: The Power-of-Attorney Route Step by Step
How heirs outside Brazil run an inventário by power of attorney: consular vs apostilled POA, sworn translation, powers to include, heirs in several countries.
Read guide →Trust Advisory in Brazil — International Structures
Expert guidance on trusts in Brazil: Lei 14.754/2023 taxation, LC 227/2026 ITCMD rules, and restructuring for foreign trust holders.
Read guide →Pre-Immigration Planning Brazil — Before You Move
Pre-immigration estate and tax planning for Americans moving to Brazil. Avoid costly mistakes with proper timing.
Read guide →Annual Tax Compliance for Expats in Brazil
Annual tax compliance services for American expats in Brazil: DIRPF, DCBE, FBAR, and FATCA filing with cross-border expertise.
Read guide →Gifting Assets in Brazil: ITCMD, Strategies & Cross-Border Gift Planning
Complete guide to gifting assets in Brazil. State-by-state ITCMD rates, São Paulo specifics, US gift tax interaction, doação vs venda simulada, and.
Read guide →ITCMD Brazil 2026 — Inheritance Tax Guide for Foreigners
Complete guide to ITCMD inheritance and gift tax in Brazil for foreigners. Rates by state, LC 227/2026 reform, exemptions, planning strategies.
Read guide →LC 227/2026 Explained — Brazil's ITCMD Reform
Complete analysis of LC 227/2026 — Brazil's ITCMD inheritance tax reform. Progressive rates, trust taxation, foreign assets, and what foreigners must do now.
Read guide →Brazilian Inheritance Law: Forced Heirship (Legitima) Rules Every Foreigner Should Know
Complete guide to Brazilian inheritance law for foreigners: forced heirship (legitima), disposable quota, ITCMD tax, inventario types, spousal succession.
Read guide →Marriage & Property Regimes in Brazil for Foreigners
Guide to Brazil's 4 marriage property regimes and how they affect inheritance, divorce, and estate planning for foreigners.
Read guide →Trusts in Brazil — Tax, Legal & ITCMD Rules 2026
Complete guide to trusts in Brazil: legal recognition, Lei 14.754/2023 taxation, LC 227/2026 ITCMD rules, and alternatives.
Read guide →Brazilian Tax Residency: When Do You Become a Tax Resident? — Complete 2026 Guide
Comprehensive guide to Brazilian tax residency: the 183-day rule under IN RFB 208/2002, intent-based residency triggers, visa-status residency, dual.
Read guide →FATCA, FBAR & Brazilian Bank Accounts: US Citizen Reporting Obligations
Complete guide to FATCA, FBAR, DCBE, and CBE reporting obligations for US citizens living in Brazil. Thresholds, penalties, IGA automatic reporting, Form.
Read guide →Power of Attorney in Brazil — Guide for Foreigners
Types, requirements, and process for power of attorney (procuração) in Brazil: consular POA, apostille, and estate planning uses.
Read guide →Foreigners Buying Property in Brazil — Complete Guide
Complete guide for foreigners buying property in Brazil: rules, restrictions, taxes, CPF requirement, and estate planning.
Read guide →Estate Tax Brazil vs USA — 2026 Comparison Guide
Side-by-side comparison of Brazil ITCMD and US federal estate tax. No treaty exists. Double taxation risks, mitigation strategies, and 2025 sunset impact.
Read guide →US-Brazil Double Taxation: What Americans Need to Know (No Treaty Edition)
No US-Brazil tax treaty exists. Learn how to legally avoid double taxation through Foreign Tax Credit, FEIE, credit stacking, and reciprocity-based relief.
Read guide →Judicial vs Extrajudicial Probate Brazil — Comparison
Comparing judicial and extrajudicial probate (inventário) in Brazil: timeline, cost, requirements, and which path to choose.
Read guide →Exit Tax Brazil: Declaração de Saída Definitiva for Leaving Foreigners
Complete guide to Brazil's exit tax and saída definitiva process: two required filings, deadlines, bank account conversion, pension impacts, penalties.
Read guide →Life Insurance in Estate Planning — Brazil Guide
How life insurance works as an estate planning tool in Brazil: ITCMD exemption, probate bypass, and VGBL vs seguro de vida.
Read guide →Apostille & Document Legalization for Brazil
How to apostille and legalize documents for use in Brazil: US state process, sworn translation, and consular requirements.
Read guide →ITCMD Rates by State Brazil 2026 — Complete Table
Complete ITCMD inheritance and gift tax rates for all 27 Brazilian states in 2026, with post-reform progressive rate projections.
Read guide →Inheritance Tax Brazil vs UK — Comparison 2026
Side-by-side comparison of inheritance tax in Brazil (ITCMD) vs UK (IHT): rates, exemptions, treaties, and planning strategies.
Read guide →Inheritance Tax Brazil vs Portugal — 2026 Guide
Comparing inheritance tax in Brazil (ITCMD) vs Portugal (Imposto do Selo): rates, exemptions, and planning for dual-residents.
Read guide →Case Study: American Retiree Estate — US & Brazil
How we helped a 65-year-old American retiree plan his estate across the US and Brazil, saving his family ~$180K in combined taxes.
Read guide →Case Study: British Expat Dies Without a Brazilian Will
What happened when a British executive died intestate in Brazil: 18-month probate, frozen assets, and lessons for every expat.
Read guide →Case Study: ITCMD Donation Timing Before a State Rate Rise
How a Brazilian-American family cut its ITCMD bill by R$380K by donating while Sao Paulo still applied a flat rate and a declared-value tax base.
Read guide →Case Study: Holding Company Restructuring After LC 227
How we restructured a family holding company to adapt to LC 227/2026's market-value rules and save on future ITCMD.
Read guide →Case Study: US Trust Creates Brazilian Tax Liability
When a US revocable trust created unexpected tax exposure in Brazil under Lei 14.754/2023 and LC 227/2026.
Read guide →Case Study: Dual-Citizen Estate Plan Across 3 Countries
Estate planning for a Brazilian-American couple with assets in Brazil, the US, and Portugal across three legal systems.
Read guide →Case Study: Pre-Emigration Planning — Business Exit
How a foreign entrepreneur optimized his business exit and return to the US with proper saída definitiva and tax planning.
Read guide →Case Study: Foreign Heir Claims Brazilian Inheritance
How a US-based heir with no Portuguese successfully claimed her father's R$2.8M estate in Brazil from abroad.
Read guide →Estate Planning Checklist — Foreigners in Brazil
Comprehensive estate planning checklist for foreigners living in Brazil: documents, filings, structures, and annual reviews.
Read guide →Brazilian Corporate Compliance Calendar: Monthly, Quarterly & Annual Filings
Complete month-by-month compliance calendar for Brazilian companies and foreign-owned businesses: tax filings, labor obligations, regulatory deadlines.
Read guide →FAQ: ITCMD & Inheritance Tax in Brazil
15 frequently asked questions about ITCMD inheritance and gift tax in Brazil: rates, reform, exemptions, and planning.
Read guide →Inventário Cost Estimator: What a Brazilian Estate Costs, Line by Line
Every official cost in a Brazilian inventário — ITCMD by state, court fees, notary emoluments, translations, apostilles — with a worked example table.
Read guide →FAQ: Probate & Wills for Foreigners in Brazil
12 frequently asked questions about probate and wills in Brazil for foreigners: process, timeline, cost, and requirements.
Read guide →Related Articles
Articles and analysis on estate planning topics.
Inventário Negativo and Edge Cases Heirs Abroad Face in Brazil
Brazilian probate edge cases for heirs abroad: inventário negativo, debts above assets, missing heirs, disputed paternity, estates split across two countries.
Rural Land Inheritance in Brazil: INCRA, CAR & Foreign Heirs
How a farm passes to heirs in Brazil: Lei 5.709/1971 foreign-heir rules, border zone, CCIR, ITR, CAR (Lei 12.651/2012), georeferencing, and the no-split rule.
Sobrepartilha: Assets Found After a Brazilian Estate Closed
How sobrepartilha reopens a closed Brazilian inventário for newly found assets: CPC arts. 669–670, the notarial route, ITCMD, sonegados, and heirs abroad.
Cessão de Direitos Hereditários: Selling a Brazilian Inheritance Share
How to sell or give away your share of a Brazilian inheritance before the partition: public deed, co-heirs' right of first refusal, ITCMD, ITBI, capital gains.
Alvará Judicial: Releasing Bank Balances and Small Estates in Brazil
How an alvará judicial releases a deceased relative's Brazilian bank balance, FGTS, or unpaid benefits without a full inventário: Lei 6.858/1980, limits, steps.
Inventário Deadline in Brazil and ITCMD Late Penalties, State by State
Brazil's inventário must open within 2 months of death (CPC art. 611). What that means, and the ITCMD late-opening surcharge in every state, for heirs abroad.
My Parent Died in Brazil — What Happens to Their Property?
Your parent died in Brazil and you live abroad. What happens to the house, accounts and land, who may act, and the first-week checklist before probate.
Inheriting Property in Brazil as a Non-Resident Heir
What a non-resident heir must know about inheriting property in Brazil: exclusive jurisdiction, probate routes, ITCMD, CPF, and selling later.
Capital Gains Tax: Non-Residents Selling Inherited Brazil Property
Non-residents selling inherited Brazilian property pay 15–22.5% capital gains tax, withheld by the buyer. How GCAP, cost basis, and remittance work.
Citizenship by Descent When the Brazilian Relative Has Died
When a Brazilian relative dies, one evidence set can prove both your citizenship claim and the inventário. Run them together: deadlines, ITCMD, foreign heirs.
Brazil ITCMD Inheritance Tax: A Guide for Foreigners
Brazil levies state ITCMD on inheritances and gifts; there is no federal estate tax. How rates, the LC 227/2026 reform and forced heirship reach foreigners.
Common-Law Marriage in Brazil: Rights and Duties
Complete guide to common-law marriage (união estável) in Brazil. Learn about recognition, property rights, inheritance, conversion to marriage, and dissolution.