Estate (Espólio)

The estate (espólio) is the body of assets left by someone who has died, comprising all the property, rights, and debts of the deceased (de cujus). Although not a legal entity, the estate has recognized standing to sue and be sued under Brazilian law: it can be a party to lawsuits, sign contracts, and sell real estate, provided it is represented by the court-appointed executor (inventariante).

• Legal representation: the executor, appointed by the judge (or elected by the heirs in an out-of-court probate), is the one who signs any document on the estate’s behalf, including purchase-and-sale deeds.
• Duration: the estate exists from the date of death until the distribution ruling becomes final, or until the public deed of probate and out-of-court distribution is executed.
• Selling property through the estate: legally possible before distribution, but it requires court authorization (in judicial probate) or the consent of all legally capable heirs (in out-of-court probate), plus payment of the proportional ITCMD and payment of ITBI by the buyer.
• ITBI in Florianópolis: the buyer pays 2% on the value of the transaction. The municipality can only impose a different value through an administrative proceeding with due process (STJ Topic 1,113).
• Deadline to open probate: 60 days from the date of death, under penalty of a fine on the ITCMD owed.

In Florianópolis, deals involving an estate on high-end properties require careful coordination between attorney, notary office, and real estate agent before any formal offer, especially when heirs are spread across multiple cities or countries.