I inherited a property in Brazil and a relative lives in it. What can I do from abroad?

Is the property already mine, even without probate?

Partly, yes. In Brazil the estate passes to the heirs at the moment of death (Civil Code, art. 1.784). Until the partition, the property belongs to all heirs at the same time, as co-owners (Civil Code, art. 1.791, sole paragraph). This means the relative living in the house does not own it alone, even if he has looked after it for years, pays the property tax or holds the keys. He is one of the owners, in proportion to his share, and the heir living abroad is another, with the same rights. Rocha Advogados, based in Goiânia, Brazil, assists heirs living outside Brazil who need to resolve a property occupied by a sibling, uncle, nephew or the deceased's partner.

Can I charge rent from the relative who lives in the property?

Yes. The heir who uses the property alone is liable to the others for the fruits he received from the common asset (Civil Code, art. 1.319), and living rent-free in an asset that belongs to everyone is a fruit. In practice, the other heirs are entitled to a share of the market rent, in proportion to each one's part (Civil Code, art. 1.326). If the property would rent for R$ 3,000 a month and there are three heirs with equal shares, the occupant owes R$ 1,000 to each of the other two.

According to the Superior Court of Justice (STJ), that amount is due from the moment the other heirs object to the exclusive use, not from the date of death. That is why the first step for the heir living abroad is a written notice, which fixes the date from which rent starts to count. Whoever stays silent for years loses those years.

Can the relative keep the house through adverse possession?

As a rule, no, because the heir who lives in the common property possesses it on behalf of all. But the STJ does admit adverse possession (usucapião) between heirs when the occupant proves that he held exclusive possession, as if he were the sole owner, without objection from the others, for the statutory period, which is 15 years, or 10 years when the property is his habitual home (Civil Code, art. 1.238). The silence of the heir living abroad is what feeds that argument. The notice, the claim for rent and the opening of probate break the exclusive possession and protect your share.

Who pays property tax, condominium fees and repairs?

All heirs contribute to the expenses of the property in proportion to their shares (Civil Code, art. 1.315). The relative living in the house cannot charge the others for consumption bills such as water, electricity and internet, because they result from his own use. Property tax (IPTU) and condominium fees belong to everyone, but in practice they are usually set off against the rent owed by the occupant. Renovation done without agreeing with the others is only reimbursed if it was necessary to preserve the property, and the occupant must prove the expense with receipts.

How do I open probate while living abroad?

Probate (inventário) is the procedure that formally transfers the property from the deceased to the heirs, and it must be opened within 2 months of the death (Code of Civil Procedure, art. 611). After that the state charges a penalty on the ITCMD, the inheritance tax. It can be done at a notary's office, when all heirs are adults, legally capable and in agreement (Law 11.441/2007), or in court, when there is disagreement, a minor heir or a will outside the conditions of Resolution 571/2024 of the National Council of Justice (CNJ).

For probate at a notary's office, the heir living abroad grants a public power of attorney to the lawyer, signed at the Brazilian consulate, before a local notary with a Hague Apostille (Decree 8.660/2016) or on e-Notariado, because the notarial deed requires a power of attorney in the same public form (Civil Code, art. 657). For court probate and for any action against the relative, the firm's power of attorney signed digitally is enough (Code of Civil Procedure, art. 105), with no consulate involved. The most common mistake is to assume that every case requires a trip to the consulate.

Within probate, the relative occupying the property cannot become the estate administrator (inventariante) against the will of the others just because he lives there. The administrator manages the assets on behalf of all (Code of Civil Procedure, art. 618) and must render accounts. If the occupant was appointed and uses the role to stay in the house without paying, the other heirs can ask for his removal (Code of Civil Procedure, art. 622).

What if the relative refuses to leave, to pay or to sell?

No one is obliged to remain a co-owner. At any time any heir may demand the division of the asset (Civil Code, art. 1.320). Since a house or an apartment cannot be physically divided, the way out is a sale, in court or by agreement, with the money split in proportion to the shares (Civil Code, art. 1.322). The relative living in the property has a right of first refusal to buy the others' shares on equal terms, but he has no right to stay there without paying.

The action to dissolve co-ownership with a court-ordered sale (Code of Civil Procedure, art. 730) is filed in the district where the property is located and can be brought by the heir living abroad, represented by the firm. The defendant has 15 business days to answer (Code of Civil Procedure, art. 335). In the same action, or in a separate one, the heirs claim rent for the exclusive use from the date of the notice. While probate is still open, the sale of an estate property can be authorised by the probate judge (Code of Civil Procedure, art. 619, I).

Step by step for someone living abroad

1. Request the updated title certificate (matrícula) from the Real Estate Registry, to confirm the property was in the deceased's name and whether there is any debt or lien.
2. Gather the death certificate, the heirs' documents and the will, if there is one.
3. Open probate within 2 months of the death, at a notary's office or in court, with the power of attorney appropriate to each route.
4. Send the relative a dated written notice proposing three options: buy the others' shares, pay proportional rent, or sell the property and split the proceeds.
5. Wait for the deadline given in the notice, usually 15 to 30 days, and record the reply or the silence.
6. Without agreement, file the action to dissolve co-ownership with a court sale and the claim for rent, represented through the firm's digital power of attorney.
7. Receive your share of the price in Brazil and transfer it abroad through an authorised bank (Law 14.286/2021), with the capital gains tax calculated before the sale.

Which mistakes does Rocha Advogados see repeated?

In the cases Rocha Advogados handles, the first mistake is leaving the property in the deceased's name for years, assuming probate can wait, which accumulates ITCMD penalties and strengthens the occupant's possession. The second is asking for rent only verbally, by messaging app, without a formal notice that fixes the date. The third is accepting that the relative "looks after the house" in exchange for living in it, with nothing in writing, and later discovering that he registered the property as his tax address and pays the property tax in his own name. The fourth is signing a renunciation of the inheritance or an assignment of rights at the family's request, without calculating what the share is worth. The fifth is trying to solve everything in a 15-day trip to Brazil, when the process does not fit that window and can be conducted entirely from abroad.

Frequently asked questions

My mother died and my brother still lives in her house. Does he have the right to stay?

He has the right to his share, not to the whole house. Until the partition the house belongs to all heirs (Civil Code, art. 1.791, sole paragraph). He may keep living there if the others agree, paying proportional rent or buying his siblings' shares. Without agreement, any heir can ask for the sale of the property and the division of the money.

Do I need to go to Brazil to file the action against my relative?

No. A court action accepts the firm's power of attorney signed digitally (Code of Civil Procedure, art. 105), and hearings can be held by video call. The consulate only comes in when a notarial deed must be signed, as in out-of-court probate.

My father's partner, who was not married to him, can she stay in the property?

A partner in a stable union (união estável) has a right of habitation over the property that was the couple's home, for as long as she lives and does not form a new family (Civil Code, art. 1.831, extended to stable unions by the Supreme Court in Theme 809). In that case she may keep living there without paying rent to the heirs, but she cannot sell or let the property. That right must be proven, and so must the stable union.

How long does it take?

With agreement, the sale of the property and the division of the money can be completed within the out-of-court probate itself, in a few months. Without agreement, the action to dissolve co-ownership with a court sale takes longer, because it goes through an appraisal and an auction. The estimated timeline for your case is given in writing before we start.

The relative says he spent money on renovations and that the property is therefore his.

Renovation does not create ownership. What the occupant spent to preserve the property can be reimbursed in proportion to the shares, if he proves the expense, and it is deducted from the rent he owes for exclusive use. Improvements made for his own comfort, without the others' authorisation, give no right to reimbursement.

Can I sell my share to someone else without the family's consent?

Yes, after the partition, but the other heirs have a right of first refusal to buy your share at the same price (Civil Code, art. 504). Before the partition it is possible to assign inheritance rights by public deed (Civil Code, art. 1.793), and the other heirs also have first refusal. Rocha Advogados calculates the value of the share before any assignment.

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 (GO), Brazil, serving Brazilians living abroad. Av. D, 419, 4º andar, 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 in Goiânia.