By Summary
Once the probate is finished, an heir who lives abroad can send their share of the inheritance out of Brazil through a bank or exchange broker authorized by the Central Bank of Brazil, with no limit on the amount (Law 14,286/2021, arts. 2 and 3). The heir pays no Brazilian income tax on the inheritance itself (Law 7,713/1988, art. 6, XVI); the inheritance tax is the ITCMD, paid to the state before the estate is divided, and the transfer pays IOF exchange tax. The bank asks for the probate deed or the court's partition document, proof of ITCMD payment and the heir's valid CPF. Rocha Advogados, based in Goiânia, Brazil, handles the probate and organizes the release and transfer of the money for Brazilians in any country.
I inherited money in Brazil and live abroad: how do I send it out of Brazil?
An heir who lives abroad sends their share of the inheritance out of Brazil after the probate is finished, through a bank or exchange broker authorized by the Central Bank of Brazil, and there is no limit on the amount (Law 14,286/2021, arts. 2 and 3). The money leaves Brazil with the probate deed or the court's partition document, proof that the inheritance tax was paid and the heir's valid CPF, the Brazilian taxpayer number. Rocha Advogados, based in Goiânia, Brazil, handles this whole path for Brazilians in any country, with lawyers Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087.
When can the inheritance money leave Brazil?
Inheritance money can only leave Brazil after the estate is divided. While the probate is open, the deceased person's balance stays frozen at the bank in the name of the estate, and no heir can move the account alone. The money is released with a probate deed signed before a notary, when all heirs are adults, legally capable and in agreement (Code of Civil Procedure, art. 610), or with the court's partition document or a judge's release order in a court probate.
The deadline to open the probate is 2 months from the death (Code of Civil Procedure, art. 611). In several states, a late filing raises the ITCMD with a penalty.
Do I pay tax on the inheritance I am sending abroad?
The heir pays no Brazilian income tax on what they inherit, because the law exempts it (Law 7,713/1988, art. 6, XVI). The inheritance tax is the ITCMD, charged by the state where the probate is handled, at that state's rate, and it is paid before the estate is divided. The transfer abroad pays IOF exchange tax at the rate in force on the day, which the bank discloses before closing the operation.
Tax comes back when the inheritance is a property and the heir living abroad decides to sell it. Then the non-resident capital gains tax applies, withheld by the buyer or the attorney-in-fact on the date of sale (Law 10,833/2003, art. 26).
Do I need a bank account in Brazil to receive the inheritance?
In most cases, yes. The bank that handles the exchange usually requires the money to leave from a Brazilian account in the heir's own name, to prove who owns it. An heir who has closed their account can open a new one as a non-resident or appoint an attorney-in-fact with express powers to receive, give receipt and send the money (Civil Code, art. 661, § 1).
Law 14,286/2021 treats money that a non-resident keeps in Brazil as foreign capital, with the same legal treatment as domestic capital (arts. 8 and 9). In practice, the bank identifies the client (art. 4) and asks that the address given to it matches the one given to the Federal Revenue Service.
Step by step to send an inheritance abroad
- Make sure your CPF is in good standing, because the notary, the bank and the Federal Revenue Service require it.
- Hire a lawyer in Brazil and send, in PDF, the death certificate, the deceased person's documents and the list of assets and accounts.
- The lawyer opens the probate before a notary or in court, depending on the case, within the 2 months set by law.
- The ITCMD is calculated and paid to the state, and the receipt goes into the case file or the deed.
- The probate deed, the partition document or the release order with your share is issued.
- The deceased person's bank releases your share to your account in Brazil or to your attorney-in-fact.
- The transfer is made through a bank or broker authorized by the Central Bank, with the deed or partition document and the ITCMD receipt.
- In the country where you live, the money received may need to be reported, and that should be checked with a local accountant.
What if the inheritance is a property?
When the inheritance is a property, the money only exists after the sale. With the probate finished and the property registered in the heirs' names, the sale can be signed through a public power of attorney or by video call on the e-Notariado platform. The capital gains tax is withheld at the sale, and only then does each heir's share go through the exchange.
If another heir lives in the property and refuses to sell, the path changes: first the occupation is resolved, by agreement or in court, and only then comes the sale.
When is it still not possible to send the money?
It is not possible while heirs disagree on the division, while the deceased person's debts are being charged to the estate, or while there is a minor or incapable heir without the requirements for a notary probate. In those cases the probate goes to court, and the heir living abroad takes part through the firm's power of attorney signed digitally, with no consulate (Code of Civil Procedure, art. 105). Only a notary probate and a property sale by deed require a public power of attorney (Civil Code, art. 657), which can also be done by video call.
In Rocha Advogados' experience, what most delays the transfer for people living abroad is not the exchange itself but an irregular CPF or a closed Brazilian bank account, discovered only after the money has been released.
Frequently asked questions
Is there a limit on how much inheritance I can send abroad?
No. Law 14,286/2021 sets no limit on the amount of an exchange operation (art. 2), but it 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 Brazilian income tax for receiving an inheritance while living abroad?
Not on the inheritance itself, which is exempt for the heir (Law 7,713/1988, art. 6, XVI). The ITCMD is paid to the state and, on the transfer, the IOF exchange tax.
Can I receive the inheritance directly in a foreign bank account?
Usually the money goes through a Brazilian account in the name of the heir or the attorney-in-fact and only then through the exchange. The bank decides how to structure the operation based on the probate documents.
Do I need to travel to Brazil to collect the inheritance?
No. The probate, the release at the bank and the transfer can be done with a lawyer and an attorney-in-fact in Brazil, and notary signatures can be done by video call.
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.