Judicial Succession in Brazil: A Guide for Foreign Heirs

Pontes Vieira Advogados
Sep 17
3 min read

When a person passes away leaving assets in Brazil, it is mandatory to open a succession proceeding, known as inventário. In certain situations, this procedure must be conducted in court – this is called judicial succession (inventário judicial).

This article explains when a judicial process is required, who can initiate it, the main steps involved, and what foreign heirs need to know.

1. When is Judicial Succession Required in Brazil?

Brazilian law requires the court-supervised procedure in the following cases:

If there are minor or legally incapacitated heirs;
If there are disputes among heirs regarding the distribution of assets;
If the deceased left a will, which must be validated by a judge;
If heirs cannot reach a full agreement on the division of property.

👉 In these circumstances, a notary (extrajudicial procedure) does not have authority, and only the court can approve the succession.

2. Who Can Request the Opening of a Judicial Succession?

The request to open the inventário judicial may be filed by:

The surviving spouse;
Any heir;
A legatee (a person designated in the will);
The Public Prosecutor’s Office (in specific cases).

It is important to note that representation by a licensed Brazilian attorney (OAB-registered lawyer) is always mandatory before the court.

3. Main Steps of Judicial Succession

The judicial succession process is formal and closely monitored by the court to ensure transparency, protect minors or incapacitated heirs, and guarantee the lawful distribution of assets.

The typical steps include:

Filing the petition with the competent court through the family’s lawyer;
Appointment of an administrator (inventariante), usually the surviving spouse or an adult heir;
Valuation of assets (real estate, bank accounts, shares, etc.);
Payment of inheritance tax (ITCMD), which ranges from 4% to 8% depending on the state;
Resolution of disputes, if conflicts arise among heirs;
Judicial approval and issuance of the final distribution order.

4. Average Duration of Judicial Succession

Judicial succession generally takes longer than the notarial procedure:

Simple cases: 1 to 3 years;
Complex or highly disputed cases: 5 years or more.

Delays often depend on the complexity of the estate, the number of heirs, the presence of minors, and the need to translate and apostille foreign documents.

5. Required Documents for Foreign Heirs

Foreign heirs must provide the following documents:

Passport;
Birth or marriage certificates;
Death certificate of the deceased;
Property-related documents in Brazil (real estate deeds, bank statements, etc.).

👉 All foreign documents must be apostilled and translated by a sworn translator in Brazil.

6. Why You Need a Specialized Attorney

Judicial succession involves strict formalities, longer deadlines, and potential family disputes. An experienced international succession lawyer is crucial to:

Speed up court proceedings;
Handle the translation and legalization of foreign documents;
Defend heirs’ interests in case of disputes;
Ensure proper calculation and payment of inheritance tax (ITCMD).

Conclusion

Judicial succession in Brazil is unavoidable when there are minors, disputes, or a will. While the process is longer and more complex than the notarial route, it provides strong legal protection for heirs.

With the guidance of a specialized lawyer, it is possible to reduce delays and safeguard the rights of foreign heirs effectively.