Supplemental probate for discovered assets in Brazil
Regularising real estate, accounts, corporate interests, receivables and other assets omitted from the original probate or discovered after distribution.
5.0 · 18 Google reviewsBrazilian supplemental probate complements an earlier distribution where assets were concealed, discovered later, disputed, difficult to realise or located far from the original court, as addressed by article 669 of the Code of Civil Procedure. It does not automatically reopen every issue in the original probate: the work identifies the asset, reason for omission, interested parties, tax and procedure. For a complete first probate, see our probate-lawyer service.
What we handle in supplemental probate.
- Identifying the assetBank records, property record, agreement, corporate interest, receivable or other evidence establishing the asset.
- Reviewing the earlier probateChecking the distribution, declarations, approved plan, deed or judgment and registrations already completed.
- Heirs and sharesVerifying successors, assignments, renunciations and the criteria applying to the remaining asset.
- Inheritance tax and valuationReviewing the supplemental return, tax base, possible additions and supporting tax records.
- Court or notarial routeSelecting the procedure according to agreement, capacity, any will and the circumstances of the case.
- Transfer and registrationFollowing formalisation and the acts required by the registry, financial institution or company.
How we conduct supplemental probate.
- Asset evidenceWe collect evidence of the asset, ownership, value and why it was not included in the original distribution.
- Earlier proceedingsWe review the probate case, deed or distribution order and the shares already recognised.
- Tax and procedureWe define the inheritance-tax, document and court or notarial route for the specific circumstances.
- Supplemental distributionWe formalise the distribution and follow withdrawal, transfer or registration of the asset.
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. · GoogleEnglish translations of genuine 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 probate and omitted assets.
Common questions.
What is supplemental probate in Brazil?
It is the additional distribution of assets not divided in the original probate, including assets discovered later, concealed, disputed or difficult or slow to realise.
Must the entire probate be repeated?
Generally, no. Supplemental probate uses the succession structure already recognised and focuses on the remaining assets, although the earlier proceedings must be reviewed.
Can supplemental probate be completed at a notary office?
Yes, if the requirements for the notarial route are met. Article 25 of CNJ Resolution 35 permits a supplemental notarial deed even after court probate has ended. Agreement, the parties' current legal capacity and any will must be assessed; minors, persons lacking legal capacity and wills require the specific safeguards in articles 12-A and 12-B. The earlier route alone does not dictate how supplemental probate must proceed.
Is additional Brazilian inheritance tax payable?
Additional ITCMD may be due, but there is no automatic new tax on everything already distributed. The added asset, earlier return, tax already paid, exemptions and law applicable to the transfer must be checked. How to amend the return and whether further charges arise depend on the dates and circumstances.
Does a bank account discovered later require supplemental probate?
It may require supplemental probate, but certain funds qualify for a court release order or simplified procedure under the statutory rules. The type and amount, other estate assets and the scope of the earlier distribution must be checked before selecting the route.
Can assets outside Brazil be included?
Assets actually situated outside Brazil should not simply be added to Brazilian supplemental probate. The Superior Court of Justice applies separate succession jurisdictions and does not allow the Brazilian probate court to distribute those assets. Proceedings in the competent country must be coordinated, while the applicable law, tax and required documents are assessed separately.
Was an asset found after probate?
Send evidence of the asset and the earlier deed, judgment or distribution order. The initial review identifies the procedure and tax and registration issues.