Melhores Advogados de Inventário em Brasil

About Inventário Law in Brazil

Inventário is the legal process to identify a deceased person’s assets, debts, heirs, and to legally transfer property and rights to successors. In Brazil it falls under the chapter on Sucessões in the Código Civil and procedural rules in the Código de Processo Civil. Two main paths exist: inventário judicial, handled by courts, and inventário extrajudicial, handled by notaries when conditions permit.

The extrajudicial route is often faster and less costly, but it requires the consent of all heirs and the absence of debts needing court oversight. The judicial route is used when there are disputes, minor heirs, a contested will, or unavailable heirs. In all cases, tax considerations such as Imposto sobre Transmissão Causa Mortis e Doação (ITCMD) apply depending on the estate and state law.

Understanding these pathways helps you plan effectively. It also clarifies which professionals are typically involved, including lawyers, notaries, and sometimes tax advisors. For authoritative law texts, see official sources from Planalto and judiciary guidance.

“Extrajudicial inventories are allowed whenever all heirs are adults and there is consensus, enabling settlement at a notary office under Lei 11.441/2007.”

Key sources for the governing rules include the Brazilian Planalto official texts and the national judiciary guidance. The following official resources provide the core legal framework for inventário in Brazil:

Código Civil - Lei 10.406/2002: https://www.planalto.gov.br/ccivil_03/leis/2002/L10406.htm

Código de Processo Civil - Lei 13.105/2015: https://www.planalto.gov.br/ccivil_03/_Ato2015-2018/Lei/L13105.htm

Lei 11.441/2007 - regras sobre inventário extrajudicial e partilha: https://www.planalto.gov.br/ccivil_03/_Ato2007-2010/Lei/L11441.htm

Why You May Need a Lawyer

Legal counsel can prevent delays, reduce costs, and protect your rights in complex cases. Below are concrete real world scenarios where a Brazilian Inventário lawyer is essential.

• Multiple heirs scattered across states with a house in two cities. A lawyer helps coordinate paperwork, property registrations in different cartórios, and ITCMD compliance.
• All heirs are adults but disagree on asset distribution. A lawyer guides negotiations, potential mediation, and if needed, court action to resolve the dispute.
• A will exists but is contested for authenticity or validity reasons. A lawyer evaluates the will, gathers evidence, and represents you in court or at a notary, depending on the route chosen.
• Real estate assets require transfer to heirs and updating registries. A lawyer coordinates with registries, confirms title legitimacy, and oversees the partilha process.
• There are outstanding debts and creditors must be managed before distribution. A lawyer helps prioritize creditors, negotiate settlements, and document the process.
• Heirs include minors or legally disabled individuals. A lawyer ensures guardianship rules, fiduciary duties, and court oversight are properly followed.

In each scenario, a specialized Inventário attorney can assess whether the extrajudicial route is available, prepare the necessary deeds, and ensure tax implications are addressed correctly. Always verify the lawyer's experience with succession matters in your state.

Local Laws Overview

Brazilian succession law blends substantive rules and procedural steps. The substantive rules come from the Código Civil, while the procedural framework is provided by the Código de Processo Civil. In addition, Lei 11.441/2007 modernized the process by enabling extrajudicial inventories when conditions are met. The following points summarize the key statutes and their general application.

The Código Civil governs who inherits, how many heirs exist, and how assets are divided. It sets rules for forms of succession, protection for surviving spouses, and the rights of children and other heirs. It also addresses the transfer of real estate and other property rights to heirs once the estate is settled.

The Código de Processo Civil governs how inventories proceed in court or in notary offices when extrajudicial processing is possible. It defines timelines, forms of petition, notifications to heirs, and procedures for resolving disputes. The CPC also allows faster notarial inventories when all heirs agree and there are no encumbrances requiring court oversight.

Lei 11.441/2007 introduced the option of extrajudicial inventories at a Cartório de Notas, provided all heirs are adults and there is no conflict requiring judicial intervention. This change significantly reduces the time and cost of settling an estate compared with a fully judicial process. For authoritative texts, consult the official Planalto pages linked above and CNJ guidelines.

Authoritative sources you can consult for the concrete texts include:

• Código Civil - Lei 10.406/2002: Código Civil - Planalto

• Código de Processo Civil - Lei 13.105/2015: Código de Processo Civil - Planalto

• Lei 11.441/2007: Lei 11441/2007 - Planalto

Frequently Asked Questions

What is inventário in Brazil and who is involved?

Inventário is the legal process to identify assets and distribute an estate to heirs. It involves a judge or notary, a lawyer for the heirs, and sometimes tax authorities. Creditors may also be involved to resolve debts.

How do I start a judicial inventário and what documents are needed?

In a court route, you file a petition with the probate court in the deceased's last residence. You will need the death certificate, will (if any), documents of heirs, property records, debts, and tax information. A lawyer is typically required.

What is the difference between judicial and extrajudicial inventário?

Judicial inventário is court supervised and used when there are disputes or minor heirs. Extrajudicial inventário, done at a notary, is faster and cheaper but requires all heirs to be adults and in agreement with no unresolved debts or disputes.

Do I need a lawyer for extrajudicial inventário?

Yes, the law requires a lawyer to be present for extrajudicial inventories. The lawyer prepares the public deed and ensures legal compliance with all heirs’ rights. The notary cannot proceed without the attorney's involvement.

How much does an inventário typically cost in Brazil?

Costs vary by state and case complexity. Typical components include lawyer fees, court or notary fees, and ITCMD taxes. Costs are higher for judicial routes and lower for straightforward extrajudicial proceedings.

How long does an inventário usually take?

Judicial inventories often take 6-12 months or more, depending on disputes and asset complexity. Extrajudicial inventories can take 1-3 months if there are no complications and all documents are ready.

Do I need to know Brazilian law to pursue inventário?

Not personally, but you should work with a qualified lawyer who understands Brazilian succession law and local tax rules. A lawyer ensures deadlines are met and documents are properly prepared.

What if there is a will (testamento) and it might be invalid?

A lawyer evaluates the will for validity, such as formal requirements or potential coercion. If invalid, the estate may be distributed under law or a court may decide on a remedy. This is typically a contested matter requiring litigation.

Can extrajudicial inventário be used if there is debt to creditors?

Generally not. Debt resolution and creditor notifications are easier through judicial processes where a court can supervise the estate. In some cases, creditors can be addressed in the notary deed with proper allocations, but this must be carefully reviewed by a lawyer.

What documents prove ownership for real estate in inventário?

Documents include the property title, certidões atualizadas (updated certificates), tax records, and potentially a cadastral certificate. A lawyer helps gather and present these documents to the notary or court.

How do I choose between a notary and a court for inventário?

Choose extrajudicial inventário if all heirs are adults, agree on asset distribution, and there are no serious debts or disputes. If any heir is a minor or there is a dispute, use judicial inventário.

What happens if heirs are in different states or countries?

Cross state or international assets require coordinating with multiple registries and tax authorities. A lawyer helps align the process across jurisdictions and ensures proper ITCMD compliance where applicable.

Next Steps

1. Assess whether the estate could use an extrajudicial inventory. Confirm all heirs are adults, there are no debts requiring court oversight, and all heirs agree on the distribution. If uncertain, start with a consultation to evaluate options.
2. Collect and organize essential documents. Gather death certificate, will (if any), heirs’ IDs, marriage/divorce certificates, property titles, recent tax certificates, and debts.
3. Identify a probate lawyer with relevant experience in your state. Look for at least 2-3 references and demand a transparent fee estimate. Schedule initial consultations to compare approaches.
4. Consult with the lawyer to decide the route and prepare a scope of work. Ensure you understand timelines, costs, and required documents before engagement.
5. Engage the lawyer and begin the chosen process. For extrajudicial inventories, the lawyer will draft the public deed for the notary and handle tax filings. For judicial inventories, the lawyer will file with the court and coordinate heirs’ appearances.
6. Submit all documents to the notary or court, and monitor the progress. Keep track of deadlines and respond promptly to requests from authorities. Expect updates on asset valuation and tax payments.
7. Plan for final distribution and registry updates. After the partilha is approved, ensure transfers are recorded in all relevant registries and that ITCMD payments are completed where required.

Estimated timelines vary by case type and state. Extrajudicial inventories often complete faster when there are no disputes, while judicial inventories may take longer due to negotiations and court scheduling. Always verify current state tax rates and requirements with your attorney.

Additional Resources

• Conselho Nacional de Justiça (CNJ) - National guidelines for civil procedures and notary practices in Brazil. https://www.cnj.jus.br
• Código Civil - substantive rules on succession and asset transfer. Código Civil - Lei 10.406/2002
• Código de Processo Civil - procedural rules for inventories and applicability to extrajudicial processes. Código de Processo Civil - Lei 13.105/2015