Inheritance and property in Brazil, handled from abroad
A parent or spouse left an apartment, land, a bank account or a company share in Brazil, and the family lives in Europe or North America. We open and follow the Brazilian inventory, and sell or transfer the property, without you having to travel.
Assets located in Brazil are always inherited through a Brazilian inventory: no foreign court or notary can transfer them (Code of Civil Procedure, art. 23, II). When the heirs agree, the inventory can be done at a notary by public deed, with a lawyer, which is usually much faster than going to court. Heirs abroad take part by power of attorney.
OAB/MG 155.242 · Remote representation, in English
Prefer to write? Email us
Most clients abroad write to us. Email crosses time zones, keeps a record and lets you attach documents. We reply in English, usually within one business day (we are in Brazil, UTC−3).
How it works, step by step
1. Map the assets. Property registrations, bank accounts, vehicles, company shares and debts in Brazil. Often the family abroad knows only part of it; the registries and the tax authority fill the gaps.
2. Choose the route. Notary (faster, when the heirs agree) or court (when there is disagreement or a situation the notary route does not cover). The choice is explained to you in writing.
3. Documents from abroad. Death certificate, marriage and birth certificates, any will, each apostilled and translated by a sworn translator. Every heir needs a CPF.
4. Tax. The state inheritance tax (ITCMD) is calculated and paid in Brazil; the rate depends on the state. Opening the inventory after two months usually adds a penalty.
5. Transfer or sale. The property is registered in the heirs' names, or sold by public deed signed by an attorney in fact, with the proceeds sent abroad through a bank.
Situations we see often
A Brazilian parent who lived abroad and kept an apartment in Brazil, with children who were born and live in Europe.
A foreign spouse who bought a holiday home in Brazil and passed away, leaving a widow or widower and children in two countries.
An inheritance already settled abroad, where the family later discovers that the Brazilian property is still in the name of the deceased.
A will made abroad. It is not ignored in Brazil, but it goes through a court procedure here before it is carried out.
No outcome or deadline can be promised: each case depends on the documents, the heirs and the registries involved.
How you appoint a lawyer without travelling
You do not need to come to Brazil, and you do not need a middleman. The appointment is made remotely and the case runs electronically.
Power of attorney
signed where you are. For use in court it is apostilled (Hague Convention, in force in Brazil) and translated by a sworn translator, we tell you exactly which documents are needed.
Documents
identity papers and whatever you have of the case: case number, court, full name, mother's name and date of birth of the person involved.
How the case runs
filings are electronic (PJe, eproc, e-SAJ, SEEU) and hearings can be held by videoconference. You follow the case through the lawyer, in your language.
Scope in writing
what the firm will do, and what it will not, is set out in writing before the work starts.
Frequently asked questions
Can the estate be settled in my country, including the property in Brazil?
Not the Brazilian part. Brazilian courts have exclusive jurisdiction over the inventory and partition of assets located in Brazil, even when the deceased was a foreigner or lived abroad (art. 23, II, of the Code of Civil Procedure). A foreign court or notary cannot transfer a property in Brazil, and Brazil does not recognise a foreign decision on it (art. 964). The estate abroad and the Brazilian inventory run side by side.
Which law decides who inherits?
As a rule, the law of the country where the deceased was domiciled (art. 10 of the Law of Introduction to the Norms of Brazilian Law). There is one protection: for assets of a foreigner located in Brazil, Brazilian law applies in favour of a Brazilian spouse or children whenever the personal law of the deceased is less favourable to them (Federal Constitution, art. 5, XXXI). Which rule applies is one of the first things we check.
Is there a deadline?
The inventory should be opened within two months of the death (art. 611 of the Code of Civil Procedure). Opening it late does not cancel the inheritance, but most states charge a penalty on the state inheritance tax (ITCMD), so the delay has a cost.
Can it be done at a notary instead of in court?
Often, yes. When the heirs agree, the inventory can be done by public deed at a Brazilian notary, always with a lawyer (art. 610, §§ 1 and 2). Since 2024 the National Council of Justice also allows this route in some cases with a will or with minor heirs, under conditions (Resolution CNJ 35/2007, as amended by Resolution 571/2024). It is usually much faster than the court route.
Do I need to travel to Brazil?
In general, no. Heirs abroad sign a power of attorney where they live, at a Brazilian consulate or at a local notary with the Hague Apostille and a sworn translation. Each heir also needs a Brazilian taxpayer number (CPF), which can be requested through a Brazilian consulate.
Can I sell an apartment in Brazil from abroad?
Yes. The sale of a property above thirty minimum wages is done by public deed (art. 108 of the Civil Code), which an attorney in fact can sign for you. The proceeds can be sent abroad through an authorised bank; income tax on the capital gain may apply in Brazil, and we explain how it is calculated in your case before the deed is signed.
- OAB/MG 155.242, admitted in 2014
- Postgraduate studies in Criminal Procedure (Faculdade Legale)
- Guaxupé (MG), practice throughout Brazil
Write to us
Tell us briefly about your case. A lawyer from the firm replies by email, usually within one business day.
Page reviewed in October 2026.