Can my Brazilian probate be done at a notary?
Seven questions on agreement among heirs, wills, minor or incapable heirs, an unborn child, lawyers, debts and assets abroad. The result gives the likely route — notarial deed or court —, the conditions to meet and the impact on time and cost.
When in doubt, pick the more conservative option.
What changes the preparation, even without changing the route.
How this tool decides.
1. Agreement is the only absolute bar
Where the heirs disagree on the division, the simulator returns court proceedings and offers no alternative: a notarial deed is an act of concurring wills, and without agreement there is nothing to draw up. It is the only branch where we kept a flat "no".
2. A minor or incapable heir is no longer a bar
Art. 12-A of CNJ Resolution 35/2007, added by CNJ Resolution 571/2024, allows the deed even with a minor or incapable party, provided the share or marital portion of the incapable person is paid as an undivided fraction of each asset in the estate and the Public Prosecutor's Office issues a favourable opinion. That requirement falls on the incapable person's share, not on every heir's. §1 bars acts of disposal over the incapable person's assets; §2 deals with the unborn child; §3 makes the prosecutor's opinion a condition for the deed to take effect; §4 sends a challenged matter to the competent court.
3. The São Paulo layer
In São Paulo, art. 12-A entered the notarial service rules through Provimento CGJ 60/2024, item 130-A. The prosecutor's opinion follows Joint Resolution PGJ-CGMP 1,919/2024: electronic, with a deadline of up to 15 days. If challenged, item 130-A.2 sends the case to the supervising judge.
4. Wills: the branch where we give no clean "yes"
Art. 12-B allows the deed even with a will, but requires express authorisation from the succession court in a probate-of-will action, with a final and unappealable judgment; all parties represented by a lawyer, capable and in agreement; and a final judgment where the will was invalidated, revoked, broken or lapsed. In São Paulo it conflicts with item 130.1 of the state notarial rules, which is narrower, and the conflict is unresolved. So here the tool states the condition, reports the divergence and recommends checking with the notary office first, rather than promising a route it may refuse.
5. What the tool does not do
It does not opine on the merits, nor claim your probate will be accepted at a notary office. Art. 610 of the Code of Civil Procedure was not amended: the opening came from an administrative act of the National Council of Justice, and acceptance varies by office. For the figures, use the probate calculator.
Sources checked on 15 August 2026: CNJ Resolution 571/2024 and CNJ Resolution 35/2007, arts. 12-A and 12-B; Provimento CGJ 60/2024 (items 130-A to 130-A.2 of the NSCGJ/SP); Joint Resolution PGJ-CGMP 1,919/2024; arts. 23, II, 610 and 611 of the Code of Civil Procedure. Page last reviewed: 15 August 2026.
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The partner responsible.
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 MarquesNotary office or court.
Does a minor or legally incapable heir rule out probate at a notary office?
Not any more. Art. 12-A of CNJ Resolution 35/2007, added by CNJ Resolution 571/2024, allows the notarial deed even with a minor or incapable party, provided the share or marital portion of the incapable person is paid as an undivided fraction of each asset in the estate and the Public Prosecutor's Office issues a favourable opinion. That requirement falls on the incapable person's share, not on every heir's.
If there is a will, can probate still be done at a notary office in São Paulo?
It depends, and it is not automatic. Art. 12-B allows the deed even with a will, but requires express authorisation from the succession court in a probate-of-will action with a final, unappealable judgment. In São Paulo it conflicts with item 130.1 of the state notarial rules, which is narrower, and the conflict is unresolved: acceptance varies between notary offices, so checking beforehand is essential.
What does the Public Prosecutor's Office review, and how long does it take?
Where a minor or incapable party is involved, the notary forwards the file to the public prosecutor, and a favourable opinion is a condition for the deed to take effect. In São Paulo the procedure is electronic, follows Joint Resolution PGJ-CGMP 1,919/2024 and has a deadline of up to 15 days. If challenged, the matter goes to the supervising judge of the notary office.
How much does each route cost?
The ITCMD inheritance tax is the same in both: 4% of the share transferred, in São Paulo. What changes is the second item — notarial fees under the Notary Table (State Law 11,331/2002), or the court fee, banded in UFESP units (State Law 11,608/2003). Either can exceed the other; our probate calculator shows both. Legal fees are quoted separately, in writing, after the analysis.
How long does probate take on each route?
There is no statutory completion deadline for the notarial deed: with agreement and complete documents, the time is what it takes to gather certificates and sign. In court, art. 611 of the Code of Civil Procedure requires probate to be filed within 2 months and concluded in the following 12, deadlines the judge may extend. Add 15 days for the prosecutor where an incapable party is involved, and the probate-of-will action where there is a will.
Does this tool replace advice from a lawyer?
No, under no circumstances. It is an initial screening built on your answers and indicates the likely route, not a decision. Art. 610 of the Code of Civil Procedure was not amended: the matter is governed by an administrative act of the National Council of Justice, and acceptance varies with the oversight body and the notary office. Documents, the marital property regime and the wording of the will change the outcome.
Do you assist heirs outside São Paulo?
Yes. Probate runs where the deceased was domiciled, and we handle cases remotely, with electronic signature and video meetings, including for heirs abroad. This tool, however, uses the rules of the State of São Paulo: in another state the local oversight and prosecution rules may differ.