How an inheritance proceeding (inventário) works in Brazil
When a person who owned assets in Brazil passes away, those assets generally need to go through an inventário — a proceeding that identifies the heirs, the assets, and any debts left by the deceased, before the estate can be formally divided.
The proceeding can follow two paths. When all heirs are in agreement, there is no will to be examined, and all heirs are legally capable adults, an extrajudicial inventário (handled at a notary's office) is usually faster. A 2024 rule from the National Council of Justice (CNJ Resolution 571/2024) also allows the extrajudicial path even when a minor or legally incapable heir is involved, provided their share is paid in an undivided fraction of each asset and the Public Prosecutor's Office agrees. When heirs disagree, or other conditions are not met, the matter goes through the judicial inventário instead.
When heirs live abroad
It is common for one or more heirs to live outside Brazil, or for the deceased to have lived abroad while still holding assets in the country. This does not prevent the proceeding — a power of attorney, properly legalized in the country where the heir resides, usually allows a heir's participation to be handled without requiring travel to Brazil for every step.
What usually helps in the first conversation
You do not need to gather everything before writing: a short description of the situation is enough for a first assessment, which can be done remotely. These items usually help. This page covers estates with assets in Brazil under Brazilian law; it does not cover proceedings abroad.
- The death certificate and the names and contact details of all heirs
- Identification documents of the heirs and, for the deceased, any marriage certificate
- A list of known assets in Brazil (properties, vehicles, bank accounts) and any debts
- The will, if there is one
- For heirs abroad: a passport or other ID and, where a power of attorney is needed, the details of who will represent them
FAQ
Can a foreign heir inherit assets located in Brazil?
Generally yes, subject to the applicable Brazilian inheritance rules. The documents required can vary depending on the heir's country of residence and whether a will is involved, so each estate should be reviewed individually.
Is the extrajudicial (notarial) process always faster?
In general, yes, when the legal requirements are met — heirs in agreement, legal capacity, and the absence of complicating factors such as an unresolved will. Each situation needs to be assessed before that path is confirmed.
What if I cannot travel to Brazil for the proceeding?
A power of attorney, properly executed and legalized where you live, often allows a lawyer in Brazil to represent you throughout the proceeding.
This page is for general information only and does not replace an individualized review of your situation. The firm acts under Brazilian law, as attorneys licensed by OAB/SC 34.030.