Selling Estate Property to Pay ITCMD | Guide
Learn how to sell estate property to pay ITCMD tax in extrajudicial probate before a notary public office, supported by CNJ regulations and heir consensus.
Última atualização:
Por Editorial Team of the 5th Notary Public Office of Recife — Notary Public Office · 5º Tabelionato de Notas de Recife
Note: This content describes Brazilian notary law.
This article answers
- Is it possible to sell estate property to pay ITCMD tax in extrajudicial probate?
- Who can sign the sale of estate property to pay ITCMD at a notary office?
- What documents are required to sell estate property to pay ITCMD?
- How long does it take to sell estate property to pay ITCMD at a notary public office?
- What happens if the heirs do not agree to sell estate property to pay ITCMD?
In summary
- It is legally possible to sell estate property to pay ITCMD (State Tax on Causa Mortis Transfers and Donations) in extrajudicial probate (inventário extrajudicial) before completing the division of assets.
- Authorization occurs through a public deed of appointment of an estate representative (escritura de nomeação de inventariante) with powers of sale, provided all heirs consent.
- Proceeds from the sale must be deposited into a linked account or used directly to pay due taxes and notary fees.
- This rule reduces estate illiquidity and prevents probate paralysis caused by a family's lack of financial resources.
FAQ
Is it possible to sell estate property to pay ITCMD tax in extrajudicial probate?
Yes, it is possible to sell estate property to pay ITCMD in extrajudicial probate. The National Council of Justice allows an estate representative appointed by public deed to execute property sales to fund probate taxes and notary fees, provided all legally capable heirs agree.
Who can sign the sale of estate property to pay ITCMD at a notary office?
The estate representative designated in a public deed of appointment signs the preliminary agreement or final sale deed. Prior express consent from all qualified heirs is required for the notary act at the notary public office.
What documents are required to sell estate property to pay ITCMD?
Required documents include the deceased person's death certificate, public deed appointing the estate representative, personal identification documents for all heirs, an updated property title certificate, and tax assessment guides for inheritance taxes.