Probate Attorney in Brazil | inheritance Lawyer

PROBATE SOLICITORS IN BRAZIL: WE SPEAK ENGLISH

We are a boutique law firm advising local, national, and international clients from our office in Sao Paulo, Brazil.

We provide expert legal services in Brazilian probate law since 1984 and we’re well aware of the difficulties that language barriers pose. Our team of seasoned attorneys is dedicated to assisting clients with all aspects of probate matters, ensuring smooth navigation through the complex Brazilian legal system.

Our differential

Expertise: Our lawyers possess in-depth knowledge and extensive experience in probate law, allowing us to offer comprehensive solutions tailored to each client’s unique needs.
Client-Centric Approach: We understand our clients’ objectives and concerns, providing personalized attention and guidance throughout the probate process.
Efficiency and Reliability: With a focus on efficiency and reliability, we strive to deliver timely and effective legal solutions, minimizing stress and uncertainty for our clients.
Local Insight: As a firm based in Sao Paulo, Brazil, we have a deep understanding not only of the local probate laws, procedures, and court systems, but also of the culture and society, enabling us to navigate through the Brazilian bureaucracy.
We speak your language.

Our Legal Services

A probate attorney assists families in administering the estates of deceased individuals and ultimately promotes the transfer of those proprieties to the rightful heirs. This involves various tasks, such as:

Drafting and filing official court paperwork
Handling financial affairs of the estate
Claiming life insurance benefits
Identifying and compiling an inventory of estate assets
Supervising property valuations
Settling outstanding debts
Providing legal counsel
Locating the deceased’s will
Settling estate and income tax obligations
Facilitating the transfer of assets to rightful beneficiaries

If you would like to discuss any particular matter in our field of expertise, we would be happy to hear about it.

Probate Procedures in Brazil

Losing a friend or a family member is an experience that can’t be translated into words. But chances are that, before the wounds can even start to heal, someone in the family will have step forward and face the tasks related to the inheritance of the deceased. Life must go on.

If your loved one left assets abroad, and specially in Brazil, you will find out soon enough that your life got a bit more complicated. To make things more interesting, Brazil is a country that loves it’s own bureaucracy. A big part of our energy is spent in finding a way through the jungle of (sometimes conflicting) rules and getting a whole string of unnecessary (but mandatory) documents for all aspects of life. Probates and Wills are no exception, as they are definitively not a straight forward matter here.

Do I really need to start a probate in Brazil?

If the deceased left any kind of assets in Brazil, the answer is Yes. You NEED to start a probate here, as the Jurisdiction over real state on its own territory is considered a matter of Sovereignty.

Be aware that a probate done abroad will not be automatically applicable here and, depending on the situation, it can even be considered void. We strongly recommend a consultation with a Brazilian lawyer before you set things in motion.

Do I need a lawyer to assist me in a Probate in Brazil?

Yes, as this is a legal requirement here. If you have a probate in Brazil, you HAVE TO retain an attorney for this job.

How probates work in Brazil

There are two main types of probates, according to the Brazilian Law:

“Judiciais” (i.e., that requires the intervention of a judge in a court of law), or
“extrajudiciais” (administrative probates, done by a notary).

The former is much more complex, time consuming and expensive than the latter, and it will be mandatory in three situations:

if there are underaged heirs involved (below 18 years of age);
if there is conflict among the heirs that makes impossible to reach an agreement about the division of the assets (in this situation, mediation can be a good alternative to facilitate dialogue and resolve the conflict);
if there is a will to be validated.

In some states (and São Paulo is among them), situation number “3” can be dealt with through an intermediate solution. The will must be validate in a court of law, but after that the probate proceedings can be done via notary.

Do I need to have a Brazilian Will if I have assets there?

It’s not mandatory, but depending on your situation, this could be a good idea… or a bad one.

The primary objective of any will is to effectively communicate the wishes of the deceased person, and to achieve this goal it must be regarded as valid. As said before, under the Brazilian legal system, wills signed abroad must be first validated by a Brazilian authority (in this case, a Judge), who will check its formal regularity according to the Laws of the country of origin.

In the realm of inheritance Law, each Country has its own peculiarities. The laws in Brazil are very different to those in the United States, United Kingdom or other Common Law countries. There are important differences even when compared to the law of Countries belonging to the Civil Law tradition (like Germany, Italy or France). Therefore, If you have assets in Brazil and other countries, and you are not a Brazilian national, these differences need to be carefully considered in the preparation of your will.

In Brazil, for example, a person does not have full freedom to distribute all his or her assets, and must “reserve” half of it to the so called “necessary heirs” (ascendants, descendants and spouse). This forced heirship is a rule that must be clarified before you make a decision, because understanding this concept may prevent future problems and give you insights about the preparation of your will. One of the alternatives is to make a separate Brazilian will dealing only with your assets in Brazil.

Please, always consult a specialist lawyer for the best advise for your individual circumstances.

Inheritance tax in Brazil

The inheritance tax is always due in Brazil if the deceased had assets here. The good news is that Brazilian inheritance tax is quite low when compared to many countries in the world. In Sao Paulo State, for instance, it’s 4% of the value of the assets.

However, depending of the Country of domicile of the deceased in the moment of death, the government of that Country of residence may also be entitled to collect inheritance tax. We strongly advise you to check the situation with a local specialist solicitor.

Specialists in Inheritance Law. For consultations and enquires please send us an email to contato@mariosolimene.com – or symply give us a call: