Extrajudicial Probate by Power of Attorney | Rules & Guide
Understand requirements, rules, and documents for extrajudicial probate and appointment of an estate administrator by public power of attorney at a notary office.
Última atualização:
Por Editorial Team of the 5th Notary Office of Recife — Redação jurídica assistida por IA · 5º Tabelionato de Notas de Recife
Context note: This content describes Brazilian notary law (direito notarial brasileiro).
Extrajudicial Probate and Appointment of Estate Administrator by Power of Attorney: Requirements and Rules
This article answers
- Is it possible to perform extrajudicial probate and appoint an estate administrator by power of attorney?
- What are the requirements to grant a public power of attorney for extrajudicial probate?
- Is the signature of all heirs required to appoint an estate administrator at a notary office?
- What specific powers must a power of attorney for extrajudicial probate contain?
- Is the estate administrator appointed by power of attorney responsible for determining ITCMD tax?
In summary
- Performing extrajudicial probate and appointment of an estate administrator by power of attorney is permitted by Brazilian Notary Law, provided it is granted through a public instrument executed at a notary office (tabelionato de notas).
- The public deed appointing an estate administrator allows managing the estate, withdrawing bank balances to pay taxes, and signing documents prior to the final partition.
- The appointed estate administrator assumes representation of the estate to fulfill tax obligations, submit ITCMD declarations, and obtain tax clearance certificates from public authorities.
- The agreement of all heirs is essential for extrajudicial partition, but the appointment of an estate administrator can occur upon initiative of any authorized party under the law.
FAQ
Is it possible to perform extrajudicial probate and appoint an estate administrator by power of attorney?
Yes, it is entirely possible to perform extrajudicial probate and appointment of an estate administrator by power of attorney granted by public deed at a notary office. The power of attorney must contain specific and express powers for executing the deed and representing heirs.
What are the requirements to grant a public power of attorney for extrajudicial probate?
The principal must have full civil capacity and present valid personal identification at the notary office. The power of attorney must individualize the deceased, describe the succession, and list granted powers, being recorded in an official notary book.
Is the signature of all heirs required to appoint an estate administrator at a notary office?
For the preliminary deed appointing an estate administrator, legislation and CNJ regulations allow the request to be submitted by any heir or surviving spouse. However, for the final public deed of probate and asset partition, unanimous consent and signatures of all heirs or their respective attorneys-in-fact are mandatory.
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