Public and Sealed Wills at Notary Office | Guide
Understand the differences between a public will and a sealed will at a notary office, their validity requirements, and searching CENSEC.
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Por Equipe cartorIA — AI-assisted legal writing · 5º Tabelionato de Notas de Recife
Note: This content describes Brazilian notary law.
This article answers
- What is the difference between a public and a sealed will at a notary office?
- What are the legal requirements to execute a public or sealed will?
- How does secrecy and the certificate of approval for a sealed will work?
- How is the will search conducted on CENSEC after death?
- Does a will prevent out-of-court probate (extrajudicial inventory)?
In summary
- Public and sealed wills at the notary office (tabelionato de notas) are modalities of last will dispositions with different levels of publicity and notary formality.
- A public will is drafted by the notary public in an official register book and remains openly recorded, guaranteeing maximum legal certainty.
- A sealed will is written by the testator and delivered to the notary, who draws up the certificate of approval (auto de aprovação) and seals the document without keeping a copy of the content at the notary office.
- The existence of both modalities must be reported to the Central Notarial Registry of Shared Electronic Services (CENSEC — Central Notarial de Serviços Eletrônicos Compartilhados), enabling consultation after the testator's death.
FAQ
What is the difference between a public and a sealed will at a notary office?
A public will is drafted by the notary public and filed in the notary office registry book, ensuring total security against loss or destruction. A sealed will is written by the testator, approved by the notary, and returned sealed to the interested party, keeping the text in absolute secrecy until judicial opening.
What are the legal requirements to execute a public or sealed will?
The testator must have full legal capacity and be at least 16 years old. The act requires the presence of two qualified witnesses. For a sealed will, it is mandatory that the testator knows how to read and write.
How does secrecy and the certificate of approval for a sealed will work?
The notary draws up the certificate of approval on the document, sews the sheet, and applies hot wax seals to the ends. Only the approval certificate is recorded in the notary books, while the sealed document is returned to the testator.
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