International Probate in Brazil: Can Heirs Living in Europe Participate Without Traveling?
Many Brazilians living in Portugal, Spain, Italy, France, and other European countries believe that, upon the death of a family member who owned assets in Brazil, they must return to Brazil to take part in the probate process. In most cases, however, this is not the reality. Brazilian law provides mechanisms that allow heirs residing abroad to participate in probate proceedings, provided that the applicable legal formalities are properly observed.
Whenever assets are located in Brazil, particularly real estate, the probate and distribution of those assets must be conducted in Brazil. This is because Brazilian law grants exclusive jurisdiction to Brazilian authorities over succession proceedings involving assets situated within Brazilian territory. On the other hand, assets located abroad may be subject to the succession laws of the country where they are situated, which may result in parallel probate proceedings taking place in different jurisdictions.
One of the primary concerns of heirs residing in Europe is whether they will be required to travel to Brazil. In practice, many stages of the probate process can be handled through legal representation. A properly executed power of attorney, prepared in compliance with both Brazilian and foreign legal requirements, often allows an heir to participate in the proceedings without the need for international travel.
Another important aspect involves documents issued abroad. Birth certificates, marriage certificates, death certificates, powers of attorney, and other foreign documents generally must undergo validation procedures before they can produce legal effects in Brazil. Depending on the circumstances, this may require an apostille under the Hague Apostille Convention, as well as an official sworn translation into Portuguese.
It is also important to note that when all heirs are legally competent and there is full agreement regarding the distribution of the estate, the probate proceeding may be carried out through a public deed before a Brazilian notary public. This procedure is often faster and more streamlined. However, in cases involving disputes among heirs, minors, or other legal complexities, judicial probate proceedings will be required.
For this reason, families with assets in Brazil and heirs residing in Europe should view international probate not merely as a legal requirement, but as a process that requires careful planning. Proper organization of powers of attorney, civil status certificates, translations, and asset documentation can significantly reduce delays, avoid unnecessary procedural requirements, and provide greater legal certainty during the transfer of wealth. Since every case has its own particularities, especially when assets are spread across multiple countries, a will exists, or conflicts arise among heirs, an individualized legal analysis is always advisable.
Rodrigo Alves Anaya
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