Brazilian Probates

Probate in Brazil (spelled Inventário, in Portuguese) is a court or administrative  procedure through which a deceased’s estate is legally passed on to his or her heirs.

This procedure can have a couple of variations depending on the specific case. For example, if the parties involved do not agree on the terms of the distribution of the estate or if there are minor children involved, the procedure must be done through the court system (judicial probate). On the other end, if there is mutual agreement between the parties, and no minor children or incapable persons involved, the procedure will be pursued  before a public notary.

If there is will / testament left by the deceased person, Brazilian law mandates that the probate is filed before a court.

Botinha and Cabral specialized ins Brazilian probates with international ties. It is normally a more complex procedure than a normal, fully- internal probate. Complex issues as overlapping international wills and the capacity of inherit being distinct in two or more laws can raise and give reason to debate and acrimony. Also the ability to explain Brazilian procedures to foreigners, protecting them from the ignorance of Brazilian laws and customs is a must. Sometimes is very difficult for a person living abroad to manage an inheritance process in brazil, since it is comprised of various bureaucratic steps.

When a loved one passes away, it is a sorrowful time for the family. If we can suggest, planning the succession is a win-win decision by a person concerned with how his/her estate will be dealt with after death. By making a will and/or planning the trusts and estates beforehand,  burdens can be released and more predictability can be attained for the future.

50% of the estate in Brazil has to be reserved to the so called “necessary heirs”: children and spouse (Variations may apply on a case by case analysis). If a will does not respect this criteria, a judicial intervention is necessary to properly regulate the distribution of assets. The same criteria must be observed by wills made outside Brazil, as they too have to comply with the current legislation, especially in its formality, to be executed in the country.

How does the probate (inheritance) process work in Brazil?

During the probate process, the person named in the Will (if there is a will) or normally the wife in a probate without a will will work as as the executor of the estate. This person will normally administer the estate while the probate is pending on courts or at the notarial services. An attorney is required to participate in all steps of the process, representing the executor and other heirs.  The executor has to prove the validity of the will and to present the court with the information and documents regarding the estate. Every heir will also have to present to the court his own personal documents regarding his/her inheritance rights. After the required formalities, the court will grant the executor’s permission to pay the debts and taxes and distribute the balance among the heirs and successors, when properties and assets will then be legally transferred to the appointed heirs.

Botinha & Cabral has an expert team of attorneys prepared to provide a personalized service that other law firms may not have when facing an international probate process.

Botinha & Cabral has an expert team of attorneys prepared to provide a personalized service that other law firms may not have when facing an international probate process.

If you want to know more details of the probate process in Brazil, Botinha & Cabral ( lawyerinbrazil.com ) is an asset you can use. Please contact through the form below.