Inheritance and abroad · SPD Advocacia
Living abroad and a relative passed away in Brazil? Probate can move forward without you traveling
Each heir signs the power of attorney in the country where they live and probate proceeds in Brazil, at a notary office or in court. The firm handles the documents, the tax and the division of assets.
How does probate work when an heir lives abroad?
Assets left in Brazil are probated here. The law gives Brazilian courts exclusive jurisdiction over probate and the division of assets located in Brazil, even if the deceased was a foreigner or lived abroad (Code of Civil Procedure, art. 23, II).
Heirs living abroad take part through a power of attorney, granted at the consulate, through e-Notariado or before a foreign notary with a Hague apostille. When all heirs agree, probate can be done at a notary office, by public deed with a lawyer. If there is a minor or incapacitated heir or a will, we check whether the notary route is possible in the case.
Assets in another country follow that country's law and courts. The inheritance tax (ITCMD) gained general rules in Complementary Law 227/2026, including for cases with assets or heirs abroad, and each state must adapt its own law.
What the law says
Key points
Only Brazilian courts can probate and divide assets located in Brazil.
The heir living abroad signs at the consulate, through e-Notariado or before a notary with apostille.
With agreement among the heirs, probate can be done by public deed, with a lawyer.
Complementary Law 227/2026 set general rules for the tax, including for cases with elements abroad.
Sources: Code of Civil Procedure, arts. 23, II, and 610; Complementary Law 227/2026; Decree 8.660/2016 (Hague Apostille).
What is your case?
Situations the firm handles
Heirs in different countries
Each one signs the power of attorney where they live and the firm brings everything together in Brazil.
CPC, art. 23Selling the inherited property
Probate, division and sale, with the proceeds sent to those living abroad.
Public deedProbate at a notary office
The fastest route when everyone agrees.
CPC, art. 610ITCMD with elements abroad
Calculation of the tax and determination of the competent state.
LC 227/2026Avoiding the problem in the next generation
Holding company and planning for families abroad.
See pageStep by step
How the firm works
- Analysis. We map assets, heirs, any will and where each person lives.
- Documents. We guide on powers of attorney, apostille, translations and certificates.
- Probate. Deed at a notary office or court action, with the ITCMD calculation.
- Division and sale. Registration of the assets and, if the family wishes, sale of the property.
Case analysis
Let's analyze your case
Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary on WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Do I need to come to Brazil for probate?
No. You take part through a power of attorney, granted at the consulate, through e-Notariado or before a notary in the country where you live.
Can probate be done at a notary office?
Yes, when all heirs agree. If there is a minor or incapacitated heir or a will, we check whether the notary route is possible in your case.
What about assets abroad?
They follow the law and courts of the country where they are. When necessary, we work with a lawyer in that country.
How does the ITCMD work?
The tax is calculated under the law of the competent state. Complementary Law 227/2026 set general rules, including for cases with elements abroad, and each state must adapt its own law.
Can I sell the property and take the money?
The property can be sold after the division or with authorization in the probate itself. Sending money abroad follows foreign exchange and income tax rules.
How much does it cost?
After the analysis, the firm sends a written fee proposal, before any engagement.
Lawyer for probate with an heir abroad
SPD Advocacia handles probate in Brazil for families with heirs living abroad, with powers of attorney signed abroad, ITCMD calculation, probate at a notary office or in court, division and sale of property, with online service.
Responsible lawyers
- Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
- Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
- Eduardo Prado OAB/GO 59.836 · criminal and electoral law
Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →