Probate with a will in Brazil
Coordinating court opening and validation of the will, review of its provisions and distribution through judicial probate or, where the requirements are met, a notarial deed.
5,0 · 18 Google reviewsThis service covers probate in Brazil where the deceased left a will. For planning during life, see preparing a will; for an overview of the available routes, see our probate-lawyer page. The work includes locating and obtaining the will records, arranging the required court proceedings, interpreting its effect, preserving forced-heirship rights and incorporating the provisions into distribution.
What we handle in probate with a will.
- Will search and recordsWe check whether a will exists, its form and where it is held. A CENSEC search is important, but a negative certificate alone does not exclude a privately executed will.
- Court opening and validationProceedings to present the will, verify formal regularity, register it and authorise compliance.
- Validity and interpretationReviewing provisions, legacies, substitutions, conditions and possible conflicts with succession rules.
- Forced heirship and sharesReconciling testamentary wishes with protected heirs’ rights and any surviving spouse’s property share.
- Choice of probate routeAssessing judicial proceedings or a public deed in the cases and under the conditions allowed by current rules.
- Distribution and registrationPreparing distribution, inheritance tax and transfers of property, accounts, companies and other assets.
How we coordinate the will and probate.
- Documents and certificateWe collect the death certificate, will, CENSEC certificate, interested-party documents and asset list.
- Opening and verificationWe conduct the procedure required to verify formal regularity and authorise effect to be given to the will.
- Distribution structureWe calculate the protected share, disposable portion, legacies, marital property, heir shares and applicable tax.
- Probate and transferWe follow the appropriate procedure and handle the registration and release-of-funds steps included in the agreed scope.
What clients say on Google.
“From the outset, I received exceptional service. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I especially value their professionalism, service and honesty.”
Rita G. · Google“Very courteous and patient, always with precise and reliable answers. I recommend them without reservation.”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (Brazilian Bar reg. 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 MarquesResources on wills and Brazilian probate.
Common questions.
Is probate required if the deceased left a will?
Yes, where assets or rights need to be regularized. Under Article 1,784 of Brazil’s Civil Code, inheritance passes on death; a will does not replace identification of the estate, distribution and the required formalities. Probate or another legally available procedure must be used according to the assets and circumstances.
What does opening and validation of a will mean?
It is the procedure for presenting and formally reviewing the will, registering it and authorising its provisions to be observed in the succession, without deciding every distribution issue in advance.
Can probate with a will be completed at a notary office?
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.
What if an heir challenges the will?
Disputes about validity, capacity, defects, interpretation or infringement of the protected share may require a court decision. The scope depends on the grounds and evidence.
Can a will override forced-heirship rights?
The protected share of forced heirs must be preserved. If provisions exceed the disposable portion, they may be reduced to the required extent after calculation and case review.
Is the executor of the will the same as the probate administrator?
Not necessarily. They are distinct roles: the testamentary executor oversees compliance with the will, while the probate administrator represents and manages the estate within their authority.
Has the deceased left a will?
Send the death certificate, will or available information and the initial list of heirs and assets. We will identify the documentary and procedural sequence.