Out-of-Court Probate: Guide and Documents

Q: What is out-of-court probate and when can you perform it at a notary office?

Out of court probate is a procedure executed by public deed at a notary public office to formalize the transfer of assets of a deceased person. You can choose this path when all heirs are capable, agree on the division of assets, and are assisted by an attorney or public defender.

Out-of-court probate formalizes asset division at a notary public office among capable and consenting heirs through a swift public deed with legal representation.

2026-08-30

Última atualização: 2026-10-09

Por Notarial Editorial Team — Legal Notarial Writing · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notarial law and out-of-court estate settlement procedures in Brazil.

Title

Procedures, Documentation, and Asset Division in Out-of-Court Probate

FAQ

What is out-of-court probate and when can you perform it at a notary office?

Out-of-court probate is a procedure executed by public deed at a notary public office to formalize the transfer of assets of a deceased person. You can choose this path when all heirs are capable, agree on the division of assets, and are assisted by an attorney or public defender.

What documents are required to initiate an out-of-court probate?

You must submit the death certificate of the deceased, identity documents and CPF of the parties, updated marriage and birth certificates, real property ownership and encumbrance certificates, tax clearance certificates, and a CENSEC certificate proving the absence of a will.

Conteúdos relacionados

Próximos passos

Serviços do Tabelionato · Notarial Acts · Ver todos os conteúdos