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The measure aims to reduce bureaucracy in the process, allowing the extrajudicial division of inheritance to occur with the consent of the heirs, facilitating the division of assets.

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Wednesday, August 21, 2024

 

Updated at 12:44

 

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The CNJ approved, this Tuesday, the 20th, that inventories, division of assets and consensual divorces can be carried out in a notary's office, even when they involve heirs under 18 years of age or incapacitated. The decision, taken unanimously by the plenary, was reported by the national ombudsman of Justice, Minister Luis Felipe.

 

The new measure simplifies the processing of these acts, eliminating the need for judicial approval, which speeds up the process. Now, for the inventory to be registered at a notary's office, it is only necessary that there is consensus among the heirs. In the case of minors or incapacitated individuals, the resolution establishes that the extrajudicial procedure can be carried out as long as the ideal share of each asset to which they are entitled is guaranteed.

 

When the inventory or division involves minors under 18 or incapacitated persons, the notary's office must send the public inventory deed to the Public Prosecutor's Office. If the Public Prosecutor's Office considers the division to be unfair or if there is a dispute by third parties, the deed must be submitted to the Judiciary. Furthermore, if the notary has doubts about the validity of the deed, he must also forward it to the competent court.

 

In the case of consensual divorces carried out extrajudicially involving couples with minor or incapacitated children, issues related to custody, visitation and alimony must be previously resolved in court.

 

CNJ authorizes extrajudicial inventory even with incapable minor heir. (Image: Gil Ferreira/CNJ Agency)

The authorization to resolve these cases extrajudicially helps to reduce the overload on the Judiciary, which currently deals with more than 80 million ongoing cases.

 

The rule amends CNJ Resolution 35/07 .

 

 link: https://www.migalhas.com.br/quentes/413642/cnj-autoriza-inventario-extrajudicial-com-herdeiro-menor-incapaz