Probate lawyer in Brazil: notary office or court

PRACTICE AREAS

Losing a family member is hard enough. Probate does not have to add to the weight. The work starts with the list of assets and documents, to define the simplest and safest path to the division.

Probate at a notary office

Court probate

Tax and costs

After probate

• Public deed of probate and division

• Heirs in agreement, with a lawyer

• Also with a minor heir or a will

• Registration of real estate and vehicles

• Opening and appointment of the administrator

• Defending an heir when there is disagreement

• Selling an asset to pay tax and expenses

• Follow-up until the division

• ITCD calculation for each heir

• Review of asset values

• Certificates and debts of the deceased

• Cost estimate before starting

• Supplementary division of assets found later

• Family holding and lifetime gifts

• Negative probate, when there are no assets

• Planning for the next generation

When an heir does not cooperate, the division can proceed through these paths:

• Opening of court probate by any heir.

• Request to appoint or remove the administrator.

• Reporting hidden assets and action for concealed property.

• Compensation for exclusive use of the property by one heir.

• Court sale or award of an asset that cannot be divided.

• Settlement at any stage, approved by the court or by public deed.

To understand each path, read the article An heir blocking probate: what to do.

The family already has a lot to deal with. The first contact is already real work.

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You send the documents

We review assets, heirs and taxes

You receive the plan and the proposal

By WhatsApp or in an online meeting, you send the death certificate, the heirs’ documents and whatever you have on the assets (property records, vehicle documents, statements).

We check who the heirs are, which assets and debts exist, whether there is a will and whether probate can be done at a notary office.

We present the recommended path (notary office or court), an estimate of taxes and costs and the written fee proposal, before any engagement.

Founding attorney · Master’s candidate in Law

The firm is led by attorney Sidnei Pedro Dias, with more than ten years of practice and experience in probate, estate planning and family holdings. The team follows every step of the case, from first contact to registration of the division.

OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693

Based in Anápolis-GO with fully digital service, SPD Advocacia assists families across Brazil and abroad in probate at notary offices or in court.

Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with OAB/GO under no. 3.123

Common examples, described in general terms. Each case depends on its own facts and documents.

Family in agreement

Minor heir

The heirs agree on the division, but nobody knows where to start. With everyone in agreement, probate can be done at a notary office, usually with fewer steps than in court.

One of the children is a minor. Since 2024 this alone does not require going to court: the notary office can handle probate with a favorable opinion from the Public Prosecutor and with the minor’s share in all assets.

Property and tax to be paid

Heirs in disagreement

The family wants to sell a property to pay the tax and the probate expenses. There are ways to do this, in court or at the notary office, with the safeguards the law requires.

One heir lives in the property, another wants to sell, another disagrees with the value. Probate proceeds in court even without everyone’s signature, and an asset that cannot be divided can be sold.

What is the deadline to open probate?

The law provides for opening within 2 months of the death (Code of Civil Procedure, art. 611). Delay may lead to a fine and interest on the tax, depending on each state’s law. In Goiás, a late ITCD return carries a fine of 10% or 20% of the tax (art. 89 of the State Tax Code).

Can probate be done at a notary office?

Yes, when the heirs agree and all have a lawyer. Since CNJ Resolution 571/2024, the notary office can also handle probate with a minor or incapable heir and when there is a will, if certain conditions are met.

How much does probate cost?

Costs include the inheritance tax, notary fees or court costs, and attorney fees. In Goiás, the ITCD ranges from 2% to 8%, depending on the value of each share. In the initial review you receive a cost estimate and a written fee proposal.

The person left no assets. Is probate needed?

In some cases, yes. A negative probate proves there are no assets to divide, for example when the spouse wants to remarry or when there are debts in the deceased’s name.

The heirs live in different cities or countries. How does it work?

Service is digital. Documents, meetings and signatures can be handled remotely, and the notary deed can be signed electronically when the notary office offers this service.

Can probate be avoided in the future?

Partly, yes, with planning done during life, such as gifts and a family holding. Talk to the team about your family’s estate planning.

An heir will not sign. Does probate stop?

No. Without agreement it cannot be done at a notary office, but any heir can open probate in court, and the case proceeds with service on whoever disagrees (Code of Civil Procedure, arts. 616 and 617).

Do I need to pay the ITCD before the deed?

Under CNJ Resolution 695, of August 2026, proof of payment is no longer required before the deed. The tax is still due, and the notary informs the tax authority.

Tell us on WhatsApp who passed away, who the heirs are and which assets exist. The team replies with the initial review and a written proposal.

If you prefer, write to dias@spd.adv.br

Informational content, under the OAB rules (Provision 205/2021). Each case needs its own review, and we do not promise results. Sidnei Pedro Dias Sociedade Individual de Advocacia · OAB/GO 3.123 · CNPJ 32.614.440/0001-25