I inherited money from a relative who lived abroad. How do I bring it to Brazil?

I inherited money from a relative who lived abroad: how do I bring it to Brazil?

An heir living in Brazil brings an inheritance held abroad once the probate is finished in the country where the relative lived, through a bank or exchange broker authorized by the Central Bank of Brazil, and there is no limit on the amount coming in (Law 14,286/2021, arts. 2 and 3). In Brazil, the heir pays the ITCMD inheritance tax to the state where they live, pays no income tax on the inherited amount and reports the receipt to the Federal Revenue Service. Rocha Advogados, based in Goiânia, Brazil, handles this Brazilian side, with lawyers Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087.

Where is the probate done when the deceased lived outside Brazil?

The probate of assets located abroad is done in the country where they are, under that country's rules. Brazilian law applies to the succession the law of the country where the deceased was domiciled (Law of Introduction to the Rules of Brazilian Law, art. 10), and Brazilian courts do not divide assets located outside Brazil.

The reverse also applies. If the relative who lived abroad left a property, an account or a vehicle in Brazil, those assets can only be probated here, in Brazil, even if the person was a foreigner or domiciled abroad (Code of Civil Procedure, art. 23, II). Many families need two probates: one abroad and another in Brazil.

Do I pay tax in Brazil on an inheritance that came from abroad?

Yes, the ITCMD. Complementary Law 227/2026 established that, when the deceased lived abroad, the tax on money, investments and other movable assets belongs to the state where the heir lives, whatever the country where the assets are (art. 159, I, b). For real estate abroad, the rule is the same: the tax belongs to the state of the heir's domicile (art. 158, II, b). For real estate in Brazil, the tax belongs to the state where the property is (art. 158, I).

Before this law, Brazil's Supreme Federal Court had ruled in Theme 825 that states could not charge ITCMD on inheritances from abroad without a national complementary law. That law now exists, but each state still needs its own law adjusted to it, and the tax respects the constitutional waiting periods. That is why the date of death and the heir's state of residence change the answer, and this calculation comes before bringing the money in.

Income tax does not apply to the amount received as inheritance (Law 7,713/1988, art. 6, XVI). There may be tax in the country where the relative lived, under that country's law.

How does the money come into Brazil?

The money comes in through an exchange operation made by a bank or broker authorized by the Central Bank (Law 14,286/2021, art. 3). The heir receives it in a Brazilian account in their own name, and the bank identifies the client and the origin of the funds (art. 4). To prove the money is an inheritance, the bank usually asks for the foreign court decision or partition document, the death certificate and the document showing each heir's share.

A foreign public document is valid in Brazil with the Hague Convention apostille, adopted in Brazil by Decree 8,660/2016, with no consulate involved. When the document is not in Portuguese, the bank or the notary may require a sworn translation.

Step by step to bring an inheritance from abroad

1. Check with a lawyer in the country where the relative lived how probate works there and how long it takes.
2. Gather the foreign death certificate, the partition document and proof of your share, with apostille.
3. Check whether the deceased left assets in Brazil; if so, the probate of those assets is opened here.
4. Calculate your state's ITCMD on your share and pay it, or challenge it, before using the money.
5. Open or confirm a Brazilian bank account in your name and agree with the bank on the documents for the transfer.
6. Make the exchange through a bank or broker authorized by the Central Bank.
7. In the following year's income tax return, report the inheritance as exempt income.
8. If you prefer to keep the money invested abroad, report the investment and its income, which follow Law 14,754/2023.

What if I keep the money invested abroad?

An heir resident in Brazil may keep the money abroad, but the investment goes into the income tax return as an asset abroad, and its income is taxed in Brazil, as a rule at 15% a year (Law 14,754/2023, art. 2). Anyone holding a total of US$ 1 million or more abroad on December 31 also files the Brazilian Capital Abroad report with the Central Bank (Central Bank Resolution 279/2022).

What most delays an inheritance from abroad?

In Rocha Advogados' experience, the delay almost never comes from the exchange. It comes from three points: the probate abroad, which follows the timing and cost of the country where the relative lived; a foreign document without apostille or translation; and a forgotten asset in Brazil, which forces a second probate after the money has already arrived.

Frequently asked questions

Is there a limit on how much inheritance I can bring from abroad to Brazil?

No. Law 14,286/2021 sets no limit on the exchange (art. 2), but the operation can only be done by an institution authorized by the Central Bank (art. 3), which asks for the origin of the money.

Do I pay income tax on the inheritance I received from abroad?

Not on the inherited amount, which is exempt (Law 7,713/1988, art. 6, XVI). The ITCMD is owed to the state where you live, under Complementary Law 227/2026 and your state's law.

Does the foreign probate need to be recognized in Brazil?

To bring the money, as a rule, no. Recognition by the Superior Court of Justice (Code of Civil Procedure, arts. 960 and 961) is needed when the foreign decision must have effect in Brazil, for example to register an asset here. Assets located in Brazil are probated in Brazil.

My relative was a foreigner and left a property in Brazil. Who inherits?

The probate of the property is done in Brazil (Code of Civil Procedure, art. 23, II). The applicable law follows art. 10 of the Law of Introduction to the Rules of Brazilian Law, which favors the Brazilian spouse and children whenever Brazilian law is more beneficial to them (art. 10, § 1).

Do I need to travel to the country where my relative lived?

Usually not. The foreign side is handled by a local lawyer with a power of attorney, and Rocha Advogados handles the Brazilian side online or in Goiânia.

Can I be served in English?

Yes. Rocha Advogados works in Portuguese and English.

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.