Can a property be sold as part of a probate?

Yes, it's possible. And now it's even easier. Previously, the sale of real estate in probate depended exclusively on judicial authorization, by means of a permit, which could make the process longer. However, CNJ Resolution 571/24, published in August 2024, made it possible to sell an estate's real estate out of court, provided certain requirements are met.

How does extrajudicial authorization work? The heirs can opt for a sale by public deed, provided there is

• Unanimous agreement by all the heirs and the surviving spouse/partner;

• A commitment to allocate part or all of the sale proceeds to the payment of probate expenses (taxes, fees, etc.);

• Guarantees that the sale proceeds will be used as intended;

• No restrictions on the assets of the heirs or spouse.

Even after the sale, the property remains in the estate for the purposes of calculating the shares and settling the probate expenses, keeping control of the division and making it possible to regularize the assets in order to avoid future problems.

Why is this advantageous? The new possibility simplifies and speeds up the process, reduces unwanted expenses and avoids devaluation of the estate. In addition, it brings more liquidity to the estate's assets and security for buyers, guaranteeing the payment of taxes and the regularization of the property.

For more complex cases or in the event of disputes between heirs, the courts are still available as an alternative.

Want to understand how this can be applied to your case? Consult a specialized lawyer.