When there is prior organization, the transfer of assets tends to happen in a safer and less traumatic way.
EdiCase Editorial
Houses, apartments, land and other assets accumulated throughout life can take years to be transferred to heirs when there are pending documents. The increase in the search for succession planning in Brazil has revealed a situation that many families only discover during the inventory: legal irregularities capable of transforming inheritance into a more time-consuming, bureaucratic and costly process.
According to data from the Colégio Notarial do Brasil, the country registered more than 38 thousand wills in 2025, the largest volume in the historical series. The number reflects a growing concern about the estate planning and the organization of the transfer of assets between family members.
For Valesca Vaccari, a lawyer specializing in Real Estate, Urban Planning and Business Law, most conflicts related to inheritance arise long before the opening of the inventory. According to her, properties without adequate documentation, unregulated constructions and outdated records are among the main factors that hinder the transfer of assets.
“Many people believe that the challenge is only in the division of assets. In practice, the biggest problems tend to be in the legal situation of the assets. Properties without regularization, unregistered constructions or outdated registrations can prolong inventories and generate conflicts that could have been avoided”, he states.
Inheritance goes far beyond the division of assets
Although the discussion about succession typically arises after the death of a family member, building a more secure succession begins years before. Issues related to property regularization, updating documentary and asset organization usually have a direct impact on the speed and cost of succession processes.
According to Valesca Vaccari, the problem becomes even more complex when the family owns more than one property or when part of the assets is used to generate income. “Many families built assets throughout their lives, but did not pay the same attention to how these assets will be transferred to the next generations. When there is no planning, the inventory ends up revealing weaknesses that remained invisible”, he explains.
Data from the Colégio Notarial do Brasil also indicate growth in demand for estate planning instruments, such as wills, planned donations and other mechanisms aimed at organization succession. The movement follows a growing concern with the preservation of family assets and the reduction of conflicts between heirs.
How to avoid problems in property succession
In addition to the emotional impacts, disputes involving real estate inheritances often generate significant financial consequences. Properties can remain for years without the possibility of sale, financing or economic use while pending documents are resolved.
For the specialist, succession planning is no longer an exclusive concern for families with large assets and has become a tool important for anyone who wants to protect their assets and facilitate their transfer to their heirs.
“Succession planning does not just mean defining who will receive a certain asset. It means ensuring legal security for assets, reducing the risk of conflicts and preserving assets that often represent the work of a lifetime. The sooner this organization takes place, the smaller the future impacts tend to be”, he states.
The lawyer recommends that owners keep property documentation up to date and carry out periodic reviews to identify any pending issues before they become obstacles for the family.
Care that can prevent future disorders
Some simple measures can help reduce problems during inventory:
- Check whether the registration of the property is updated;
- Regularize expansions and renovations carried out over the years;
- Check whether the built area corresponds to official records;
- Organize documents related to family assets;
- Seek expert guidance for succession planning.
“When there is prior organization, the transfer of assets tends to happen in a safer and less traumatic way for the heirs. Prevention continues to be the best way to avoid conflicts and protect assets built throughout life”, concludes Valesca Vaccari.
By Carolina Lara