Out-of-court probate: when this path is possible
Learn the requirements for choosing the notary route instead of court proceedings.
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Sérgio Ruiz is a lawyer practicing Family and Succession Law — probate (inventário), disputes between heirs, estate planning and family holding companies — handling each case with legal expertise and genuine care for the people involved.
Sérgio Ruiz practices Family and Succession Law, handling probate proceedings (inventário) and helping families organize their estate — with estate planning when it makes sense — with technical rigor and human attention, from the first contact to the conclusion of each case.
A lawyer and university professor, he also serves as legal counsel for APAE and is a member of a committee of the OAB (Brazilian Bar Association). He is also trained as a Systemic Family Constellation facilitator — a background that adds an extra layer of listening to the legal work, especially when what holds up a case between heirs is not bureaucracy, but unresolved family conflicts and dynamics.
In-person meetings take place in Itaquaquecetuba (São Paulo, Brazil), with remote support for families living in other countries.
Every family has a different mix of assets, heirs and priorities — the right legal path depends on those particulars.
Handling the probate process, either out of court (at a notary office, when heirs agree) or in court, formalizing the division of assets after a death.
Understand the processOrganizing your estate during your lifetime — wills, gifts and other structures — designed to reduce points of conflict in the future.
Understand the processA corporate structure to organize the management and succession of the family's assets, with rules set during their lifetime by the owners of the estate.
Understand the process
Listening before strategy. Every case starts by understanding the family and the estate, not just the documents.
Room for conflicts between heirs. Training in Systemic Family Constellation is used as support to resolve deadlocks that bureaucracy alone cannot.
Technical transparency. Understanding the path, the documents required and the options in each case, with no promises of timelines or outcomes.
Understanding the case, the assets involved and the family situation.
Assessing out-of-court or court probate, or the most suitable planning structure.
Organizing the required documentation with the family and the relevant authorities.
Technical support until the division of assets or the chosen structure is formalized.
Real client reviews, published on the office's Google profile (translated from Portuguese).
Excellent professional! He brought our family peace of mind and security at a delicate time (probate). He always kept us informed about the progress of the case and was always ready to answer and clear up all our questions. He supported us in everything. On top of that, he is an incredible person. I had and still have complete trust in his work, and I can only thank him and recommend him! Gratitude 🙏
Great professional — receptive, attentive and welcoming. He assisted me in the best possible way, always explaining the legal side (rights and duties) and the pros and cons before taking certain actions. An above-average professional, because he doesn't act in his own interest; instead he gives the best advice at moments when we are emotionally fragile, never pushing his clients into hasty decisions out of proportion to the situation. Thank you for your work, Dr. Sergio!
Sérgio has been working with us for over 10 years. His ethical and moral values, together with his ability to handle and resolve cases, never cease to impress me. I don't see him just as a lawyer but as a strategic partner. Thank you!
If you are looking for a professional who is honest, competent and, above all, human, this is the place. Dr. Sérgio Ruiz is an outstanding professional — you can trust him and hire him. You won't regret it. Thank you for all the professionalism. Highly recommended.
Real messages left by clients on the office's Instagram posts (in Portuguese, exactly as written).
Tenho orgulho de você ser meu Advogado!!! Parabéns Dr @sergiohrgruiz!!!! Sempre trabalhando com total dedicação e muito empenho em todas as causas!!! Deus te abençoe sempre!!!! Parabéns pela linda história da sua vida!!!!
Tenho muito orgulho do Dr Sérgio Ruiz. Garantiu um final de vida para uma idosa, minha tia, que não tinha paz, com enteadas que viviam atormentando, sempre levando aos tribunais e, o Dr Sérgio, sempre firme e competente em suas convicções, resolvendo as demandas em favor dela. Muito obrigado por tudoooóo. Deus abençoe sua vida e seus talentos. Gratidão sempre.
Out-of-court probate is carried out at a notary office through a public deed, and requires agreement among all adult, legally capable heirs — and, in some cases, the absence of a will. Court probate goes through the judiciary and is required when heirs disagree, when legally incapable persons are involved, or when other particulars prevent the out-of-court route.
It is a corporate structure used to organize the management and succession of a family's assets, with rules set during their lifetime by the owners of the estate. It is usually considered by families with more complex or business assets, but every case requires its own analysis.
It is a first contact to understand the case, the assets involved and the family situation, so the most suitable path can be identified before moving forward with any proceeding.
Adult, legally capable heirs who agree on the division of assets, when there is no will requiring court proceedings. Which path is possible depends on the analysis of the specific case.
When heirs cannot agree, probate goes through the courts, where the case is heard by a judge. In these cases, training in Systemic Family Constellation can be used as support to work through the conflicts surrounding the division of assets.
Yes. The office serves families in different countries, with remote support integrated with the in-person work in Itaquaquecetuba (SP, Brazil).
It is organizing your estate during your lifetime, through instruments such as wills, gifts and other legal structures, with the goal of reducing bureaucracy and points of conflict for the heirs in the future.
No. A will defines how the estate should be distributed, but probate — out of court or in court — is still the formal process required to carry out the division after a death.
Generally, personal documents of the heirs and the deceased, the death certificate, documents for the assets involved (real estate, vehicles, accounts) and any will. The full list is defined case by case during the initial conversation.
The transition to the Tax Reform (CBS/IBS), the consolidation of ITCMD (inheritance and gift tax) rules across Brazilian states and the mandatory Brazilian Real Estate Registry starting in 2027 change the landscape for estate planning. These are structural changes that reinforce the importance of organizing your estate in advance.
The focus is Family and Succession Law — probate, disputes between heirs, estate planning and family holding companies. The office does not practice Criminal Law.
The full articles are available in Portuguese.
Learn the requirements for choosing the notary route instead of court proceedings.
Read article →
The inheritance and gift tax landscape is in transition across Brazilian states.
Read article →
How a corporate structure can organize the management and future division of the estate.
Read article →In-person service in Itaquaquecetuba (SP, Brazil), and remote service anywhere in the world.