Can you sell the assets of the estate before preparing the inventory?
Previously, without a court order, it was illegal to sell inherited real estate before the probate proceedings were finalized! CGJ RJ Provision No. 77/2022 changes that!
Can you sell an inherited property before the estate is settled? In Rio de Janeiro, yes.
Previously, without a completed inventory (and without a court order), it was not possible to legally sell a property that belonged to the deceased. CGJ/RJ Provision No. 77/2022 changed that.
How It Works
You can sell the estate’s property directly by public deed, without a court order—provided that the sale price covers the property transfer tax (ITD) and the costs of the extrajudicial probate.
What if I don't have the money up front to pay the tax?
The law provides for this: you can make a sale with a clause in the contract ensuring that part of the payment goes directly toward fees and taxes within 10 days.
When it does NOT apply
- Property outside Rio de Janeiro
- Inventory that cannot be conducted out of court
- Existence of frozen assets belonging to an heir
Do you need to sell an inherited property?
Contact Tettu—we handle the entire process, from tax calculations to the deed.