Probate lawyer in São Paulo
We handle court and notarial probate, from opening the procedure to distributing and registering assets, with attention to procedural and tax deadlines and each family's circumstances.
5.0 · 18 Google reviewsProbate (inventário) identifies assets, rights and debts, arranges distribution and provides the documents needed to formalise the inheritance. Under Brazilian law, the inheritance passes at death; probate documents that succession. The Code of Civil Procedure allows two months to start court proceedings, while São Paulo tax law uses a separate 60-day threshold for the ITCMD late-opening penalty. An agreed distribution may be completed at a notary office if the requirements are met; disputes require the court route. CNJ Resolution 571/2024 permits notarial probate involving a minor, a person lacking legal capacity or a will, subject to specific safeguards. Separate guidance covers assets outside Brazil and funds that, in eligible cases, may be released through judicial authorisation without full probate. Our probate guide explains the stages from the initial deadlines to distribution.
What we handle in probate.
- Notarial probateAvailable where the parties agree and the legal requirements are met, with potential time and cost savings depending on the case.
- Probate with a minor or incapable heirSince CNJ Resolution 571/2024 a notarial deed is available, with that heir’s share paid as an undivided fraction of each asset and a favourable opinion from the Public Prosecutor’s Office.
- Court probateWhere there is a dispute or a matter requires a court decision, we handle the procedure through to distribution.
- ITCMD and deadlinesCalculation, filing and strategy to avoid the late-opening penalty.
- Asset distributionReal estate, accounts, company interests and vehicles, taking debts and each interested party's rights into account.
- An heir refuses to signWe assess the appropriate steps to move the procedure forward when an heir will not cooperate.
- Supplementary probateAssets discovered after probate has closed.
How much will the probate cost?
Probate Calculator
Estimate São Paulo ITCMD and the costs covered by the calculator using its stated inputs and assumptions. Document costs may be illustrative allowances. The estimate is not an official quotation and excludes legal fees.
Calculate my probateHow it works.
- Documents and deadlinesWe gather certificates and details of assets and heirs, distinguishing the two-month procedural deadline from São Paulo's 60-day tax rule.
- Appropriate routeWe assess the notarial or court route based on agreement, the parties' circumstances and the applicable requirements.
- ITCMD and distributionWe calculate and file the ITCMD and draft the distribution of assets.
- Formalising the inheritanceWe arrange the relevant registrations and transfers, including real estate and company interests, and the release of funds.
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. · GoogleEnglish translations of genuine 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 is the deadline to open probate?
Article 611 of the Code of Civil Procedure sets two months from death to start probate proceedings and allows a court extension. Separately, article 21(I) of São Paulo Law 10.705/2000 uses 60 days for the tax penalty for opening late. These are different deadlines: an extension in the court proceedings does not automatically remove the tax penalty. Late probate remains possible; the position should be assessed and the procedure started promptly.
Can probate be done at a notary office?
Yes, if the interested parties agree, a lawyer assists and the requirements are met. Article 12-A of CNJ Resolution 35/2007 permits a minor or a person lacking legal capacity to participate if their rights are allocated as an undivided share of each asset, without disposal of those rights. A favourable opinion from the Public Prosecutor's Office is a condition for the deed to take effect. Where there is a will, article 12-B requires express court authorisation in a final, unappealable judgment and its other safeguards, including restrictions concerning recognition of a child and irrevocable declarations. Article 12-A also applies if a person lacking legal capacity is involved. Article 610 of the Code of Civil Procedure remains unchanged; the broader notarial route comes from CNJ regulations.
How much does probate cost?
Costs may include ITCMD, court or notary fees, registration and documents. São Paulo currently charges ITCMD at 4% of the applicable taxable base, not necessarily the whole estate: marital property rights, exemptions and other rules must be assessed. The calculator provides an estimate based on its stated assumptions, not an official quotation. Legal fees are set out separately in a written proposal.
An heir will not sign. What now?
Without agreement, probate runs in court and the judge decides the distribution. We act to unblock the process and protect your share.
Specific probate situations
When an asset or a will requires a focused route.
Need to start probate?
Contact the partner in charge on WhatsApp to assess the documents, the appropriate route and the probate deadlines, including any ITCMD late-opening penalty.