Handling inheritance matters is difficult enough—but managing Brazilian estate affairs from abroad introduced added layers of bureaucracy and headaches for families. For Brazilians living in the UK, or British citizens with family ties in Brazil, figuring out the ins and outs of claiming an inheritance in Brazil is vital unless you fancy delays, extra charges, or losing a chunk of what’s rightfully yours.
This guide runs through the process of Brazilian inheritance claims from abroad, including which documents you’ll need, and how a platform like Direito à Herança can help remove the hassle of the procedure.
Can you claim inheritance in Brazil while living abroad?
There is nowhere in the Brazilian Civil Code that mandates heirs to be physically present in Brazil to participate in probate. Whether you live in London, Manchester, or anywhere else in the UK, you can legally receive the estate share you’re owed—as long as you follow Brazil’s formal succession procedures.
What is required is that your participation be represented through proper documentation, often a Brazilian attorney with power of attorney (procuração).
How the Brazilian Inheritance Process Works for UK Residents
Brazil uses a structured probate procedure known as inventário, which can be:
- Judicial (court-supervised): required when heirs disagree, minors are involved, or the estate owner died without a will.
- Extrajudicial (through a notary): allowed when all legitimate heirs agree and are legally capable of signing the inventory.
Whether you live in England, Scotland, Wales, or Northern Island, the steps follow the same rules, but with international preparation.
1. Round up the required documents
Heirs based in the UK will need at least their:
- Passport or other form of legal ID in the UK
- Brazilian CPF number (mandatory for inheritance)
- Proof of address in the UK
- Birth or marriage certificate
- Deceased family member’s Brazilian documents
- Power of attorney signed at the Brazilian Consulate or Embassy in London or Edinburgh
All non-Brazilian documents must be apostilled in the UK and translated by a Brazilian sworn translator.
2. Appoint a lawyer in Brazil
Because you are abroad, appointing legal representation is essential. Many overseas Brazilians turn to Dra. Vitória Vilariño, an experienced inheritance lawyer who leads the Direito à Herança from its base in São Paulo.
Your lawyer will handle all filings, communication with courts or notaries, and calculation of the state inheritance tax (ITCMD).
3. Open the probate (Inventário)
Your lawyer starts the probate process, presenting the will if it exists, lists of heirs, and a full inventory of assets, such as:
- Real estate
- Bank accounts
- Stocks and shares
- Cryptocurrencies
- Vehicles
- Debts or liabilities
4. Pay the Brazilian inheritance tax (ITCMD)
Each of the 26 states in Brazil has its own tax rate, generally ranging from 2% to 8%. Deadlines are strict, so missing them may lead to fines—one of the main reasons international heirs seek professional assistance.
5. Receive your inheritance in the UK
Once probate closes, the transfer of funds or property distributions can occur. For financial transfers, your lawyer will help you comply with:
- Brazilian Central Bank (BACEN) rules
- UK tax considerations such as reporting to HMRC when necessary
Common Challenges for Brazilians Based in the UK
Claiming inheritance from abroad often involves:
- Navigating two countries’ bureaucracy
- Obtaining documents in the UK and validating them in Brazil
- Communication barriers with courts or notaries
- ITCMD payment deadlines
- Understanding Brazilian succession rules
Because of these hurdles, many heirs living overseas prefer centralised digital platforms, which simplifies each step and connects clients directly to qualified legal guidance.
Why Legal Assistance Matters
Though possible to go it alone, Brazilian inheritance law is tricky and highly procedural. Having a lawyer makes sure there is:
- Accurate documentation
- No missed tax deadlines
- Clear guidance if heirs don’t agree
- Proper representation before Brazilian authorities
- Faster and smoother resolutions
Brazilian inheritance lawyers regularly assist heirs living in the UK and understand their obstacles when starting the process for legitimate claims.
Final Thoughts
Getting your Brazilian inheritance sorted from the UK is totally doable these days. Although the process involves paperwork and coordination across borders, the right support makes it far less stressful. Direito à Herança and other reputable firms team up with reliable Brazilian legal professionals to keep your rights safe and the estate handled smoothly.
If you’re based in the UK and need to start your inheritance process in Brazil, getting proper guidance early can save you time, money, and unnecessary complications.