Probate and estates in Brazil and Portugal

Estates with assets, heirs or deceased persons in both countries: judicial and notarial probate, qualification of heirs, recognition of decisions and final registration.

When an estate has assets in Brazil and Portugal, or the deceased lived in one country and held assets in the other, the rules of two systems apply and, on the Portuguese side, Regulation (EU) 650/2012. The order in which the steps are taken changes the outcome: tax, time and validity of the partition.

We conduct judicial and notarial probate in Brazil, qualification of heirs and partitions in Portugal, recognition of judgments and deeds of one country in the other, and final registration at notaries and registries. We also regularise assets left in the name of persons deceased many years ago.

We represent heirs resident abroad, under power of attorney and without travel, and follow the payment of the inheritance taxes due in each country.

How we work

Survey of assets, heirs and documents in both countries before choosing the route.
A single calendar for the Brazilian and Portuguese steps, in the order that avoids rework.
Representation of absent heirs by power of attorney.

Frequently asked questions

Do I need two probate proceedings?

As a rule, yes: one for the assets located in each country. What is done in one can be recognised in the other, but registration of real estate follows the law of the place where it is located.

Must an heir living in Europe travel to Brazil?

No. A power of attorney can be granted at the consulate or before a Portuguese notary with an apostille.

Which taxes apply?

In Brazil, the ITCMD of the state where probate is processed; in Portugal, stamp duty, with exemption for spouses, descendants and ascendants.

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