‎Expert Wills, Estate, Probate and Curatorship Legal Services in Brazil

Wills, Estate, Probate and Curatorship Lawyer in Brazil

Navigating the legal framework surrounding wills, estates, probate, and curatorship in Brazil requires a deep understanding of the country’s civil law system and practical experience managing sensitive matters involving family, inheritance, and fiduciary duties. At Alves Jacob Law Firm, we offer tailored legal services for clients seeking clarity, protection, and security in all estate and curatorship planning and litigation stages.

Understanding Wills in Brazil

In Brazil, a will (testamento) is a legal instrument through which a person (testator) can express how their assets and responsibilities will be distributed upon death. Brazilian law recognizes several types of wills, including public, closed, and holographic (handwritten) wills. Each type requires specific formalities to be considered valid. Public wills must be drafted by a notary in the presence of witnesses and are registered in the public records. Closed wills are written by the testator and then sealed and submitted to a notary in the presence of witnesses. Holographic wills, while valid, are often contested due to the lack of formal oversight.

Key Components of a Valid Will

A valid will in Brazil must include the identification of the testator, a clear expression of their last wishes, the identification of beneficiaries, designation of an executor, and compliance with legal quotas — particularly the mandatory reservation of a portion of the estate (legítima) for legitimate heirs such as children, spouse, or parents.

Estate Planning for Foreigners and Expats

Foreign nationals with assets in Brazil are encouraged to develop comprehensive estate plans aligning with Brazilian and their home country laws. Double taxation agreements, asset localization, and inheritance rights must be analyzed carefully to avoid legal conflicts. At Alves Jacob Law Firm, we assist international clients in drafting bilingual wills, choosing the appropriate will type, and registering their documents in Brazil.

Probate Process in Brazil (Inventário)

The probate process, or inventário, is the judicial or extrajudicial procedure through which a deceased person's assets are inventoried, debts are paid, and the remaining estate is distributed to heirs. Probate must be initiated within 60 days of the death, and failure to comply may result in fines.

Judicial vs. Extrajudicial Probate

Judicial probate is required when disputes exist among heirs, minor heirs, or when there is a lack of a will. Extrajudicial probate, introduced in 2007, allows for faster resolution through a notary when all heirs are of legal age and in agreement. Our firm offers representation in both formats and facilitates the entire process with clarity and diligence.

Curatorship in Brazil

Curatorship (curatela) is a protective legal measure designated for adults deemed incapable of managing their affairs due to physical or mental incapacity. Brazilian law mandates court intervention to appoint a curator who assumes legal responsibility for the individual’s finances, health decisions, and welfare.

Temporary and Permanent Curatorship

Curatorship may be temporary, in emergency cases, or permanent, following a thorough evaluation by legal and medical experts. Alves Jacob Law Firm handles petitions for curatorship, judicial proceedings, medical documentation, and ongoing supervision of curatorship compliance to ensure the protection and dignity of the person involved.

Role of Executors and Administrators

Executors play a pivotal role in managing estate settlements. They are entrusted with asset valuation, debt settlement, and executing the will's terms. Our legal team ensures executors fulfill their fiduciary duties lawfully and efficiently, minimizing delays or disputes.

Frequently Asked Questions (FAQs)

Q: What is a will, and why is it important in Brazil?

A: A will is a legal document through which a person dictates how their assets will be distributed after death. It ensures that the individual's wishes are respected and helps prevent family disputes.

Q: Can foreigners make a will in Brazil?

A: Foreigners can legally draft and register a will in Brazil, especially if they hold assets or property.

Q: What types of wills are recognized in Brazil?

A: Brazilian law recognizes public, closed, and holographic wills, each requiring specific formalities to be valid.

Q: What is the minimum legal share for heirs in Brazil?

A: According to Brazilian law, 50% of an estate must be allocated to legitimate heirs, such as children, spouse, or parents.

Q: Is it mandatory to have a will in Brazil?

A: No, but having a will helps to avoid legal uncertainties and allows the testator to allocate the non-mandatory portion of their estate as they wish.

Q: What is the probate process (inventário)?

A is the legal process through which a deceased person’s assets are listed, debts are settled, and the remaining assets are distributed to heirs.

Q: How long does the probate process take in Brazil?

A: The duration varies but generally ranges from a few months for extrajudicial cases to several years for judicial proceedings.

Q: What happens if someone dies without a will?

A: Their estate is distributed according to Brazilian intestate succession laws, favoring close relatives.

Q: Can probate be handled outside of court in Brazil?

A: Yes, through extrajudicial probate at a notary, provided all heirs are of legal age and agree on the distribution.

Q: What is curatorship in Brazil?

A: It is a court-appointed legal guardianship over adults who cannot manage their affairs due to mental or physical incapacity.

Q: Who can request curatorship?

A: Close family members or the Public Prosecutor’s Office can initiate the curatorship process.

Q: What documentation is needed for curatorship?

A: Medical reports, identification documents, and proof of relationship or interest are typically required.

Q: Is curatorship permanent?

A: It can be temporary or permanent, depending on the individual's condition, with periodic court reviews.

Q: Can a will be contested in Brazil?

A: Yes, a will can be contested in court if there are grounds such as coercion, fraud, or violation of legal quotas.

Q: Who oversees the execution of a will?

A: An executor, either appointed in the will or designated by the court, oversees the distribution of the estate.

Q: Can minors inherit property in Brazil?

A: Yes, but their share must be managed by a legal guardian until they reach the age of majority.

Q: What taxes apply during probate?

A: The central tax is the ITCMD (Imposto sobre Transmissão Causa Mortis e Doação), which varies by state.

Q: Can I appoint a Brazilian lawyer as my executor?

A: Ensuring legal compliance and efficient estate handling is often recommended.

Q: Is a foreign will valid in Brazil?

A: It may be recognized if it complies with Brazilian law and is legalized, apostilled, and translated.

Q: How can I begin the estate planning process in Brazil?

A: Consult an experienced lawyer to assess your needs, draft a valid will, and ensure proper asset structuring. For legal guidance regarding your estate, probate, will, or curatorship matter in Brazil, please send an email to [email protected]