Does crypto enter probate?

Yes. Crypto assets have economic value and form part of the deceased’s estate, and must be declared and distributed in probate. The challenge is operational: if held at an exchange, the estate can be enrolled, the death proven and the assets transferred to the heirs. If held in self-custody and nobody has the private key or seed phrase, no recovery is possible — not even by court order. That is why planning is essential.

Can my heirs access my e-mail and social media?

Not automatically. Private messages and content engage the privacy of the deceased and of third parties, and each platform has its own rules — memorialisation, legacy contact, inactive account manager or deletion upon proof of death. What has economic value, such as a monetised profile, follows property logic. Configuring these options during your lifetime is the surest way to have your wishes prevail.

Can air miles be inherited?

It depends on each programme’s rules. Many allow transfer to the estate or heirs upon presentation of the death certificate and probate documents; others provide for cancellation of points on death. Since the programme rules are the contract governing the relationship, the first step is to consult them. Where the balance is significant, it is worth including the matter in estate planning.

Is there a digital inheritance law in Brazil?

There is no specific statute. The general succession rules of the Civil Code apply, combined with the protection of privacy (art. 21), the Internet Civil Framework and the LGPD. Bills are under discussion. In practice, the test guiding cases is the nature of the asset: what has economic content passes to the heirs; what is strictly personal receives its own treatment, under the terms of use and, if necessary, a court decision.

How do I organise my digital assets for my family?

Keep an updated list of what exists and where it is, without passwords in the same document. Use a password vault with emergency access, or sealed instructions with someone you trust. Configure a legacy contact and inactive account manager on the platforms. For crypto, set up a secure custody plan for the seed phrase. And allocate digital assets of economic value in your will — never writing passwords in it, since the will becomes public in the proceedings.

Real Estate & Estate Law

Can you file for adverse possession without a lawyer in Brazil?

Digital assets with economic value enter probate — the problem is families not knowing they exist.

By Letícia Marques Founding partner · OAB/SP 428,7777 min read

Digital inheritance: what happens to accounts, crypto, air miles and profiles after death

In short

No. Brazilian law requires a lawyer for both judicial and out-of-court adverse possession — even the registry route needs an application filed through appointed counsel. The requirement exists because the procedure involves choosing the right category, proving possession and handling consent from adjoining owners. Those who cannot pay have the Public Defender's Office, free legal aid and university legal clinics.

First, check whether the case stands: run the free adverse possession check.

The question comes up often, usually driven by cost: can I do this on my own? The short answer is no — Brazilian law requires a lawyer on both routes. But it is worth understanding why, because the requirement is not red tape.

What the law requires

In judicial adverse possession, the general rule of civil procedure applies: a party must be represented by counsel. There is no exception for this claim.

In out-of-court adverse possession, filed directly with the Real Estate Registry, the requirement is also express: the application must be filed through appointed counsel. Even the registry route — created precisely to simplify matters — keeps the obligation.

Why the requirement exists

Adverse possession is not a form. It is a procedure that must demonstrate, with organised evidence, that possession meets specific legal requirements — and it produces a definitive effect: creating or altering a record at the Real Estate Registry.

Identifying the correct category — extraordinary, ordinary, special urban, special rural or family. Each has its own time limit and requirements.
Proving peaceful, uncontested possession with the intent of an owner — occupying is not enough.
Adding the previous possessor's time where applicable, which can revive cases that seemed hopeless.
Analysing the registry situation — record, encumbrances, attachments, public land, heirs of the former owner.
Handling consent from adjoining owners, where most out-of-court procedures stall.

What usually goes wrong without guidance

Trying to claim public land, which can never be acquired by adverse possession.
Confusing possession with mere holding — someone occupying by permission or under a lease does not acquire title, because they acknowledge another owner.
Choosing the wrong category and having the claim rejected on time limits.
Filing a survey without a licensed professional, or with measurements that do not match the neighbours' records.
Overlooking an adjoining owner, which derails an out-of-court procedure already under way.

Options for those who cannot pay

Public Defender's Office — free assistance for those meeting its income criteria.
Free legal aid — waives court costs for those unable to bear them without harming their subsistence.

There are also legal clinics at law schools, which provide free assistance under faculty supervision, and land regularisation drives run by city halls and courts.

What you can prepare yourself

Although the procedure requires a lawyer, much of the evidence-gathering is yours — and the better prepared, the lower the cost and the shorter the timeline:

Water, electricity and property tax bills in your name, as old as possible
Private sale agreement, receipts or any document of acquisition
Dated photographs and invoices for works and improvements
A list of current adjoining owners and how to reach them
The property record certificate from the local Real Estate Registry

Frequently asked questions

Can I file for adverse possession without a lawyer in Brazil?

No. The law requires a lawyer on both routes. In court, the general rule of legal representation applies. In the out-of-court route, filed with the Real Estate Registry, the application must be submitted through appointed counsel. Even the registry route, created to simplify matters, keeps the requirement — because the procedure produces a definitive registry effect.

Why does Brazilian law require a lawyer for adverse possession?

Because the procedure involves choosing the correct category among five, proving peaceful and uncontested possession with the intent of an owner, analysing the property's registry situation and handling consent from adjoining owners. An error in any of these defeats the claim — and usually surfaces only after time and money have been spent.

Is there free adverse possession assistance in Brazil?

Yes, for those who qualify. The Public Defender's Office assists free of charge under income criteria, and free legal aid waives court costs for those unable to bear them. There are also legal clinics at law schools and land regularisation drives run by city halls and courts.

Can I file at the notary's office myself?

No. Out-of-court adverse possession requires an application filed through counsel, plus a notarial deed of facts, a survey and technical description signed by a licensed professional, certificates and consent from adjoining owners. The registry will not process an application without appointed counsel.

What can I prepare before consulting a lawyer?

Gather water, electricity and property tax bills in your name, as old as possible; a private sale agreement or receipts; dated photographs and invoices for improvements; a list of current adjoining owners; and the property record certificate from the Real Estate Registry. Arriving with this organised shortens the analysis and lowers the cost.

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