Extrajudicial probate in São Paulo
Where the interested parties agree and the requirements are met, Brazilian probate may be completed by a public deed at a notary office. Special conditions apply to minors, people lacking legal capacity and wills. We advise on distribution, the deed and required registrations, without promising a deadline or saving.
5,0 · 18 Google reviewsExtrajudicial probate formalizes estate distribution through a public deed at a Brazilian notary office, with legal assistance. Agreement among the interested parties is essential but does not replace the other requirements. Articles 12-A and 12-B of CNJ Resolution 35/2007, added by Resolution 571/2024, allow certain cases involving minors, lack of legal capacity and wills. A will requires the express court authorisation specified in the rule; choosing a notarial deed does not eliminate that stage. The judicial or extrajudicial probate check offers initial guidance, not a decision on eligibility.
When the extrajudicial route applies.
- Agreement and representationThe interested parties must agree on distribution and have legal assistance. Representation by an attorney-in-fact requires the appropriate powers and form.
- A minor or legally incapable heirArticle 12-A of CNJ Resolution 35/2007 requires the inheritance or marital property share as an undivided fraction of each asset, a favourable prosecutor’s opinion and the other statutory safeguards.
- Where there is a willThe Article 12-B requirements apply, including express court authorisation in a final, unappealable judgment. Producing the will or its registration alone is not enough.
- Documents and tax obligationsWe gather certificates, the asset list and ITCMD return, checking the tax due, deadlines and case-specific requirements.
- Distribution and registrationWe prepare the draft for the notary to execute and follow the agreed registration and release-of-funds steps.
- Reviewing disagreementsWe assess objections and the appropriate measures, including referral to the competent judge and judicial probate where necessary.
Estimate the cost of your probate.
Probate Calculator
Estimate ITCMD, notarial charges and other costs using the assumptions stated in the tool. Results do not guarantee a saving or replace case-specific quotations. Legal fees are presented separately in a written proposal.
Calculate nowHow it works.
- Checking the requirementsWe confirm the case qualifies: consensus, the position of any incapable heir, the existence of a will and what the chosen notary office requires.
- Documents and ITCMDWe gather the certificates and calculate and file the ITCMD.
- Deed of distributionWe draft the deed and schedule its execution at the notary office.
- Registration of assetsWe register the deed and transfer the assets to the heirs.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesCommon questions.
What are the requirements for extrajudicial probate?
Agreement among the interested parties, legal assistance, documents and compliance with the applicable rules are required. A minor, lack of legal capacity or a will does not necessarily prevent a deed, but the specific conditions in Articles 12-A and 12-B of CNJ Resolution 35/2007 must be satisfied. Eligibility should be checked before choosing the route.
Is it cheaper than judicial probate?
It may be, but not always. Compare notary and registry charges, certificates, legal fees and any preliminary court proceedings, taking exemptions and the estate into account. Choosing a notary does not remove ITCMD. CNJ Resolution 695/2026 waives advance proof of payment for execution of the deed, not the tax or fiscal deadlines. SEFAZ-SP expressly maintains the state tax requirement for prior payment; a deed without proof of payment does not establish tax compliance.
How long does it take?
There is no single deadline or guaranteed completion within weeks. Timing depends on documents, agreement, the notary’s review, any court authorisation or prosecutor’s opinion, and subsequent registrations. Filing and ITCMD payment deadlines must be assessed separately, even where the deed may proceed without advance proof of payment.
There is a will. Can I still use a notary?
Yes, if Article 12-B of CNJ Resolution 35/2007 is satisfied. Legal assistance and express authorisation from the probate court in a final, unappealable judgment in the will-opening and implementation proceedings are required. A minor or legally incapable person also triggers Article 12-A. A will that is invalidated, revoked, rendered ineffective by operation of law (rompido), or lapsed requires the judicial finding specified in the rule. A provision recognising a child or another irrevocable declaration bars a notarial deed in this situation. In São Paulo, items 130, 130.1, 130.2 and 130-A of the notarial rules must be read together with the national rule; the judgment and individual circumstances must be checked.
An heir is a minor or legally incapable. Can we still use a notary?
Yes, under Article 12-A: the protected person’s inheritance or marital property share must be an undivided fraction of each asset, the prosecutor must approve, and disposal of that person’s assets or rights is prohibited. An unborn child triggers the waiting conditions in paragraph 2. Objections go to the competent judge; in São Paulo, the judge supervising the notary office. PGJ-CGMP Resolution 1,919/2024, amended by 2,051/2025, requires a court order to move money allocated to the minor or incapable person and, where representation is through tutela or curatela, judicial authorisation for the representative to accept the inheritance. A favourable prosecutor’s opinion is a condition for the deed to take effect, not merely a filing.
Your case may be solved at a notary.
Describe the situation on WhatsApp. We will assess the requirements, documents and suitability of the notarial route.