Cross-Border Probate: A Document and Responsibility Map

A cross-border probate file begins with a map of people, assets and documents. The place where a certificate was issued, the deceased’s domicile, the asset’s location and each heir’s residence can point to different procedures. A foreign probate order does not automatically transfer Brazilian real estate.

Document group	Where to obtain it	Purpose	Dependency to resolve
Death and family status	Civil registry or relevant authority	Establish death and relationships	Name consistency, apostille/legalization, translation and any required Brazilian record
Wills and existing proceedings	Notary, court, custodian or foreign adviser	Identify instructions and procedural status	Whether opening, recognition or another Brazilian step is required
Brazilian property	Competent property registry	Establish title, share and encumbrances	Current matrícula and valuation evidence
Accounts and company interests	Institution/company and records custodian	Identify assets, ownership and values	Access authority and reference date
Heirs and representatives	Each person and issuing authorities	Identity, capacity and representation	CPF, civil status, powers and conflicts
Tax records	Relevant state authority and foreign adviser	Filing jurisdiction, valuation and liabilities	Date of death, gifts, asset connection and deadlines

Court or notarial probate?

The answer is not determined simply by having or lacking a Brazilian will. CNJ Resolution 35 includes safeguards for wills and for minor or incapable heirs. Identify disagreement, capacity, testamentary provisions and required judicial or prosecutorial steps before choosing a route.

Who is responsible for what?

Ask Brazilian counsel to identify the local procedure, documents and state-tax requirements. Ask each foreign adviser to identify the assets, tax filings and succession steps in that jurisdiction. Assign one person to maintain the shared document list and prevent inconsistent instructions or duplicate translations.

What can you prepare now?

A short asset list, death date, known heirs, countries involved and any imminent deadline allow a first scope assessment. Avoid circulating full account numbers or sensitive family records in the initial inquiry. No completion time can be promised from the number of assets alone.

Sources: CPC arts. 23 and 610–611; LINDB art. 10; CNJ Resolution 35.

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Prepared as a practical document aid on 3 October 2026. This is not a recorded individual legal review. Editorial policy.