Transnational Inheritance: How to Probate Assets Left Outside Brazil
“Inheritance does not respect borders. Probate, unfortunately, must — and that requires strategy.”
Your father had an account in Portugal. Your mother left an apartment in Orlando. Your grandfather emigrated and acquired properties in Europe.
When someone with assets in more than one country passes away, the inheritance does not stay within a single border. And the probate process, consequently, neither does.
🌍 The 5 Challenges of Transnational Inheritance
1. Different rules in each country Every jurisdiction has its own rules about who inherits, what the deadlines are, and how probate is processed.
2. Brazilian heirs are not always automatically recognized abroad Especially in countries with different succession systems — such as Anglo-Saxon jurisdictions that use probate (not Brazilian-style inventário).
3. Double taxation may occur Brazil charges ITCMD. The country where the asset is located may also charge its own inheritance tax (such as the U.S. Estate Tax above certain thresholds).
4. Different and strict deadlines Some countries have very short probate deadlines — with severe penalties for non-compliance. Ignorance of local law is not accepted as justification.
5. Remittance of funds requires compliance Transferring inherited funds from abroad to Brazil requires proper classification with the Central Bank. Informal channels can result in tax assessments.
📋 How Does the Coordinated Process Work?
| In Brazil | Abroad |
|---|---|
| Probate opened for Brazilian assets | Heir retains local attorney or international firm |
| Foreign assets declared | Brazilian documents are apostilled |
| Coordinated distribution between jurisdictions | Process follows local jurisdiction's rules |
| ITCMD calculated and paid | Local inheritance tax calculated and paid |
| Remittance via authorized Central Bank channel | Funds sent through compliant financial institution |
Andrade & Cintra Advocacia, in partnership with Sintra Legal & Partners, works specifically at this intersection — with experience in transnational estates involving Brazil, Italy, Portugal, and the United States.
👉 Understand how to settle your international inheritance: andradecintra.com.br
