What is probate and when is it required for property in Brazil

Probate (inventário) is the judicial or extrajudicial proceeding that identifies heirs, inventories estate assets, settles debts and taxes, and authorizes transfer of property from a deceased owner to beneficiaries. When a registered owner dies, the property cannot be sold, mortgaged, or individually transferred to heirs at the land registry until probate completes and the matrícula reflects the new ownership structure.

When probate is required

Cross-border probate involving foreign heirs requires apostilled death certificates, foreign birth and marriage records, sworn translations, heir qualification documents, and coordination with Brazilian co-heirs who may participate in judicial partition or extrajudicial agreement before a notary. Undivided estates — where multiple heirs share ownership without individual matrícula entries — are common and require formal partition (partilha) before any heir can sell or transfer an individual share free of co-heir claims.

Cross-border probate

A property attorney in Brazil handles inheritance regularization for foreign beneficiaries, guiding families from initial probate filing through partition, individual property registration, rental structuring, or sale with compliant repatriation of proceeds under Central Bank of Brazil foreign exchange rules.