Probate at the Notary Office: The Practical Guide for Settling an Inheritance Without Years of Waiting
“Losing someone is already painful enough. The probate process does not need to be a second grief.”
Many families spend years — sometimes more than a decade — stuck in judicial probate proceedings. Court hearings, expert witnesses, appeals, accumulating costs, strained relationships.
But there is a fully legal, faster, and far less expensive alternative:
Extrajudicial probate — done directly at the notary office.
✅ When can probate be handled at the notary?
| Requirement | Status |
|---|---|
| All heirs are adults | ✅ Required |
| All heirs agree on the distribution | ✅ Required |
| No will (or will already probated by court) | ✅ Required |
| An attorney present and signing | ✅ Legally mandatory |
If all requirements are met: the estate goes to the notary, not to the courthouse.
🗂️ Step-by-step: Extrajudicial Probate
📂 Step 1 — Documents Gather documents of the deceased (death certificate, personal ID), heirs (ID, CPF, birth or marriage certificates), and assets (property registration, bank statements, vehicle documents).
⚖️ Step 2 — Attorney drafts the deed The lawyer prepares the agreed distribution and submits it for review by all heirs.
🏛️ Step 3 — Signing at the notary All heirs sign in person (or by proxy). The public deed is executed by the notary.
🏠 Step 4 — Asset transfers With the deed, each asset is transferred:
- Real property → Real Estate Registry Office
- Vehicle → DMV equivalent (DETRAN)
- Bank accounts → bank upon presentation of the deed
⏱️ How long does it take?
Typically 4 to 12 weeks — compared to months or years in judicial probate.
💰 What does it cost?
Costs include notary fees, ITCMD (inheritance tax), and attorney fees. In nearly all cases, significantly less than judicial probate — which adds court costs, expert fees, and the cost of delay.
Andrade & Cintra Advocacia guides families through extrajudicial probate with security and efficiency — from document gathering to the executed deed.
👉 Schedule a conversation: andradecintra.com.br
