How much does probate cost in Brazil? Calculate now.
Enter the estate assets and basic facts and get an instant, itemized estimate of every cost of probate in São Paulo — inheritance tax (ITCMD), notary, registry and court fees — based on the official 2026 tables.
| Asset type | Description | Value (R$ — BRL) |
|---|
When entering values: if the deceased owned only part of an asset (for example, 15% of a property or 50% of a company), enter only the value of that share. Exception: if the asset was shared only with the spouse under the marriage property regime, enter the full value — the calculator deducts the spouse's half automatically.
Now that you know the state costs,
talk to the team that handles the probate.
We specialize in probate in São Paulo and serve clients worldwide, in English. Send your simulation on WhatsApp to receive the firm's fee quote — and the plan to open the probate without penalties or headaches.
Common questions about probate costs in Brazil.
How much does probate cost in São Paulo, Brazil?
The cost adds up four blocks: the ITCMD (4% state inheritance tax on the share transferred), the notarial deed or court fee, the registration of each property at the Real Estate Registry, and certificates/documents. In practice, the amounts paid to the State and the registries usually total between 5% and 8% of the estate — use the calculator above for an itemized estimate of your case.
What is ITCMD and who pays it?
ITCMD is the Brazilian state tax on inheritances and gifts. In São Paulo the rate is 4% on the share transferred to the heirs (Law 10,705/2000) — the surviving spouse’s marital share is not taxed. It is paid by the heirs to the São Paulo State Treasury before probate is concluded.
What is the deadline to open probate in Brazil?
Probate must be opened within 60 days of the death (art. 611 of the Brazilian Code of Civil Procedure). In São Paulo, missing this deadline triggers a 10% penalty on the ITCMD — 20% if the delay exceeds 180 days (art. 21 of Law 10,705/2000), plus interest.
Out-of-court or court-supervised probate: which is my case?
Out-of-court probate (at a notary office) is possible when all heirs are adults, legally capable and in agreement — since 2024, even with a will, provided it has been registered or authorized by the court (CNJ Resolution 571/2024). With a minor or incapable heir, or any dispute, probate must be court-supervised. The out-of-court route is usually faster and cheaper.
Are the calculator amounts paid to the lawyer?
No. Everything the calculator estimates — tax, deed or court fee, registry and certificates — is paid to the State, the Court of Justice and the notary/registry offices, and is due regardless of the lawyer you choose. Legal fees are quoted separately by the firm.