Out-of-Court Probate (Extrajudicial Inventory)
A form of probate carried out at a notary’s office (cartório de notas) by public deed, with the assistance of an attorney and in compliance with the legal and regulatory requirements. The presence of a minor or an incapacitated heir does not rule out this route when each heir’s share of the estate, or the surviving spouse’s marital share, is allocated as an undivided interest in each asset and the Public Prosecutor’s Office (Ministério Público) issues a favorable opinion, provided the other CNJ (Brazil’s National Council of Justice) conditions are met. If there is a will, the specific requirements must be checked, including any court authorization that may be needed.
Legal reference: CNJ Resolution 35/2007, arts. 12-A and 12-B, added by Resolution 571/2024.
To get a quick read on the timing, the available route, and the risks of probate, use the Succession Quality Checker.