Inherit in Brazil: your passport changes nothing
Half the estate is reserved by law
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
Inherit in Brazil: your passport changes nothing
Half the estate is reserved by law
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
Your father's apartment in Rio is still in his name. You live in Miami, and the word inventario means nothing to you yet.
60 days
Brazilian states fine estates not opened within 60 days of the death. Waiting is expensive.
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Assets located in Brazil are divided under Brazilian law, wherever the deceased lived and whatever passport you hold.
50%
The legitima: half the estate is locked for children, spouse and parents. No will removes it.
✘ Mito
Myth: the will signed in London decides who gets the farm in Bahia
✓ Verdade
Truth: it controls only half. Brazilian law protects the other half
Article 1.829 sets a fixed ladder: children with the spouse, then parents, then the spouse alone, then relatives to the fourth degree. One living child excludes every sibling.
Apostilled death certificate
Sworn translation into Portuguese
Power of attorney for a Brazilian lawyer
Do adopted or non-marital children inherit less?
No. The Constitution bans any distinction. Every child receives an identical share.
Your share is already protected by Brazilian law. Claim it before delay costs you.