I live abroad and a relative died in Brazil. How do I handle the probate?

How can I sign without returning to Brazil?

There are three ways. A public power of attorney signed at the Brazilian consulate is valid in Brazil with no further formality. A power of attorney signed before a notary in your country is valid with the Hague Apostille, accepted by Brazil since 2016, plus a sworn translation. And e-Notariado, regulated by CNJ Provision 149/2023, lets you obtain a free digital certificate by video call and sign the probate deed remotely.

What most often holds up probate is the wording of the power of attorney. It must grant specific powers to sign the partition deed, represent the heir before the Federal Revenue Service, the state tax office and banks, receive funds and give discharge. A generic power of attorney is the most common reason a notary rejects a deed.

Notary or court: which route applies to my case?

Notarial probate generally requires all heirs to have full legal capacity and to agree on the division, always with a lawyer (Law 11.441/2007 and CNJ Resolution 35/2007). Since 2024 the CNJ also allows some cases with a minor heir, under conditions (Resolution 571/2024). When heirs disagree, or in other situations the notary does not accept, probate goes to court. Court proceedings are electronic and can also be followed from abroad.

Is there a deadline to open probate?

Yes. The Code of Civil Procedure requires probate to be opened within 2 months of the death (art. 611). Delay can lead to a penalty on the inheritance tax (ITCMD) under each state's law. Assets are also frozen: without probate, the property cannot be sold and the bank balance cannot be withdrawn.

What documents does the heir abroad need?

The heir abroad needs an ID document, a regular CPF (Brazilian taxpayer number), an updated birth or marriage certificate and proof of address abroad. Documents about the deceased and the assets, such as the death certificate, property registrations and bank statements, the firm helps obtain in Brazil.

Frequently asked questions

My CPF is suspended. Does that stop the probate?

It stops the deed until it is regularised, because notaries and the Federal Revenue Service require a regular CPF from every heir. It can be regularised from abroad, and the firm guides the request alongside the probate so the case is not delayed.

Can I waive my share of the inheritance while living abroad?

Yes. The waiver is made by public deed or in the court record (Civil Code, art. 1.806) and can be signed through a power of attorney with specific powers. A waiver in favour of a named person is treated as a transfer and may be taxed.

Can the other heirs sell the property without me?

No. Until the partition, the property belongs to all heirs jointly (Civil Code, art. 1.791), and a sale requires each heir's signature or power of attorney.

How much does probate cost?

The cost is the sum of the ITCMD inheritance tax, which varies by state, notary or court fees, and the lawyer's fees. Rocha Advogados gives a written estimate after seeing the list of assets and the state where they are located.

Can I do the probate in the country where I live instead of Brazil?

No, when the assets are in Brazil. Article 23, item II, of the Brazilian Code of Civil Procedure gives Brazilian authorities exclusive jurisdiction over probate and division of assets located in Brazil, even if the deceased lived abroad. The heir takes part from abroad through a power of attorney.

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.