I live abroad and have assets in Brazil: how do I handle everything without travelling?

Do I need to go back to Brazil to look after my assets?

No. Property, bank accounts, investments, inheritances, lawsuits and INSS benefits can all be handled while the owner lives abroad. What replaces being there in person is a lawyer in Brazil, a well drafted power of attorney and remote signature, at the consulate, before a local notary or on e-Notariado. Rocha Advogados, based in Goiânia, Brazil, serves Brazilians living abroad who have assets in any Brazilian state, in Portuguese and English.

Who can help me in Brazil?

There are three different roles, and mixing them up is what causes most losses. The lawyer in Brazil coordinates: checks the property registrations, prepares the powers of attorney, represents the owner before notaries, banks and the courts, and handles probate, sales, leases and collections. The accountant handles income tax, the Definitive Exit Notice and the tax on rent and sales. The attorney-in-fact, who can be a trusted relative or the lawyer, signs the acts the power of attorney allows. A broker or letting agency comes in when there is a sale or a lease.

What kind of power of attorney do I need?

It depends on what will be done, and Rocha Advogados tells you the right format before you go to the consulate.

1. For a court case, the firm's power of attorney signed digitally is enough (Code of Civil Procedure, art. 105). No consulate or notary is needed.
2. To sell property, or to carry out a probate or division at a notary's office, the power of attorney must be a public deed, because the act itself requires a public deed (Civil Code, arts. 108 and 657).
3. For banks and public bodies, each institution has its own rules, and many ask for a recent public power of attorney or their own form.

A public power of attorney can be signed at the Brazilian consulate for your area, before a notary in your country with the Hague Apostille (Decree 8.660/2016) or on e-Notariado, the official platform of Brazilian notaries (CNJ Provision 149/2023), with a digital certificate issued by video call.

Can I give a relative a power of attorney with full powers?

You can, but it is not the safest route and often does not work. A power of attorney in general terms only covers day-to-day administration; to sell, mortgage, settle or give a final receipt, the law requires special and express powers (Civil Code, art. 661, § 1). In practice, the notary refuses a sale made under a general power of attorney. The safest option is one power of attorney for each purpose, with the property identified by its registration number and, if you wish, an expiry date. The attorney-in-fact is legally required to account for what was done (Civil Code, art. 668), and the power of attorney can be revoked at any time (Civil Code, art. 682, I).

How do I organise everything, step by step?

1. List what you have in Brazil: property, accounts, investments, vehicles, companies, undivided inheritances and lawsuits.
2. Regularise your CPF, which is often suspended for people living abroad and blocks notaries, banks and the Federal Revenue.
3. Order an updated registration certificate for each property, plus the IPTU and condominium certificates.
4. Decide with the lawyer what will be sold, let, kept or regularised.
5. Sign a specific power of attorney for each act, at the consulate, before a local notary or on e-Notariado.
6. Settle your tax position with the accountant: anyone who left Brazil without filing the Definitive Exit Notice remains a tax resident for the first 12 months abroad (SRF Normative Instruction 208/2002), which changes the tax on rent and on a sale.
7. Agree a written reporting routine, with receipts, every month or quarter.

Which mistakes make people living abroad lose assets in Brazil?

In the cases Rocha Advogados handles, five situations come up again and again. Unpaid IPTU property tax that becomes public debt and ends in a tax enforcement action (Law 6.830/1980), with the risk of seizure and auction of the property. A property left empty or occupied by someone else for years, which opens the way to an adverse possession claim, with periods of 15 years, 10 years if the occupant lives there (Civil Code, art. 1.238), and as little as 5 years for urban property of up to 250 square metres (Federal Constitution, art. 183). An inheritance left without probate, with a state fine on the transfer tax. A general power of attorney refused by the notary on the day of the deed. And a suspended CPF discovered only when it is time to sell or to receive money.

Frequently asked questions

Do I need a bank account in Brazil?

It helps a lot. The Brazilian account receives rent, sale proceeds or court awards, and it is from there that the money is sent abroad through an authorised bank (Law 14.286/2021). People living abroad can have the account converted to a non-resident account, under the bank's rules.

Does a power of attorney expire?

The law sets no expiry for a public power of attorney, but you can include one, and many notaries and banks ask for a recent certificate showing it has not been revoked. Rocha Advogados advises the right time to sign each power of attorney so that it reaches Brazil close to the act.

A relative is living in my property. What should I do?

The first step is to formalise the situation, with a loan-for-use or lease agreement, or to serve notice to vacate. The topic is explained in the article on inherited property occupied by a relative.

How much does the service cost?

It depends on what needs to be done and on the number of assets. You receive a written quote before anything starts, with fees, notary costs and taxes shown separately, as explained on the costs page.

Can the service be in English?

Yes. Rocha Advogados works in Portuguese and English, by video call and in writing, in the time zone of the client living abroad.

This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.

Rocha Advogados, a law firm in Goiânia, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in-person service in Goiânia.