Melhores Advogados de Inventário em São Paulo

1. About Inventário Law in São Paulo, Brasil

Inventário is the legal process used after a person dies to identify assets and liabilities and to transfer ownership to heirs. In Brazil, both judicial and extrajudicial paths exist depending on the circumstances, the presence of a will, and the consensus among heirs. In São Paulo, as in the rest of the country, the process is governed by federal civil and procedural codes translated into state practice through local courts and notary offices.

The judicial path is used when heirs disagree, when there are missing heirs, or when a dependent or minor is involved. The extrajudicial path, conducted at a notary, requires all heirs to be adults and to be in agreement, with no outstanding claims or complications. The choice of path affects timelines, costs, and where the documents are filed.

Key responsibilities typically include inventorying assets such as real estate, vehicles, bank accounts, investments, and debts, and ensuring lawful payment of taxes and debts before distributing the remaining assets. In São Paulo, a lawyer or legal counsel helps navigate notarial requirements, prepare filing documents, and coordinate with tax authorities for implications like Imposto sobre Transmissão Causa Mortis e Doação (ITCMD).

For the official framework of these rules, see the federal civil and procedural codes cited in Planalto, which govern how inventories are initiated, contested, and concluded in Brazil. The state of São Paulo applies these frameworks through its own courts and the notary system for extrajudicial inventories. See the sources linked in the Local Laws Overview for authoritative texts.

Useful context you can verify online includes federal law texts that establish the basic procedural structure for inventory and succession cases, as well as state level guidance on how these processes are carried out within São Paulo. Official sources provide the precise procedural steps, required forms, and court or notary office practices.

2. Why You May Need a Lawyer

In São Paulo, certain real-world scenarios make legal counsel essential in estate matters. Below are concrete examples that illustrate when you should consult a lawyer specialized in Inventário.

• Disagreement over asset division among three heirs in a São Paulo urban estate. A deceased left a mix of a São Paulo apartment and savings in a local bank. Two adult heirs want a 60-40 split, while a third insists on a different arrangement due to personal family needs. A lawyer helps negotiate, draft a fair partilha, and avoid impasses.
• Real estate only in São Paulo and a will that requires interpretation. A testamento (will) exists, but its wording creates ambiguity about how a condominium and a rural property should be divided. An attorney interprets the clauses, aligns them with the Civil Code, and guides you through court or notary procedures.
• Assets in multiple states require coordinated inventories. The decedent owned property in São Paulo and in another Brazilian state. A lawyer ensures that both inventories are synchronized and that laws across jurisdictions are properly applied to avoid double taxation or conflicting transfers.
• Minor or legally dependent heirs are involved. One heir is a minor, or a dependent adult lacks decision-making capacity. A lawyer coordinates guardianship issues, under- aged protections, and the appropriate court approvals to complete the inventory compliant with family law standards.
• Tax and debt liabilities complicate the estate. Debts must be paid before any distribution, and ITCMD obligations vary by value. A legal counsel helps estimate taxes, obtain necessary statements, and structure payment plans with the Fazenda state authorities.
• Inventário extrajudicial is considered, but the heirs disagree on asset values. If heirs are not all aligned, or if there are disputes about asset values, proceeding extrajudicially could be risky. A lawyer evaluates the options and, if needed, guides the case toward judicial resolution to prevent future challenges.

3. Local Laws Overview

Two to three core legal frameworks govern Inventário in Brazil and São Paulo. They establish the procedural paths, the basic rules of succession, and the registry requirements for property transfers.

Código de Processo Civil (Lei 13.105/2015) governs the procedures for judicial inventories and the steps to be taken when disputes occur or when the notary path is not suitable. It also clarifies timelines, filing requirements, and orders for interim measures during probate. The official text is available at Planalto with details on how the process is initiated and completed. Lei 13.105/2015 (CPC).

Código Civil (Lei 10.406/2002) contains the rules of succession, including how assets are distributed among heirs, shares according to kinship and marriage status, and the rights of a surviving spouse. The statute also prescribes the conditions under which inventories can be requested and how to handle debts and legacies. The official text is on Planalto. Lei 10.406/2002 (Código Civil).

Lei de Registros Públicos (Lei 6.015/1973) regulates registry offices and the formalities of transferring property titles during inventory, including notarial actions and the necessity of proper registro. This law underpins how documents are recorded or amended at cartorios in São Paulo. The official text is on Planalto. Lei 6.015/1973 (Registros Publicos).

Recent practice in São Paulo emphasizes the growing use of extrajudicial inventories, whenever conditions allow, to shorten timelines and reduce court involvement. This trend aligns with general Brazilian reforms encouraging notary-led solutions when heirs are adult and in agreement. For federal and state references, see the official law texts above and the São Paulo state government portal for guidance on local procedures. Governo do Estado de São Paulo.

According to the federal Civil Procedure Code, inventories may proceed judicially when disputes arise or when not all heirs consent to an extrajudicial settlement.

4. Frequently Asked Questions

What is an Inventário and how does it start in São Paulo?

An Inventário identifies heirs, inventories assets, and determines how property should be divided. In São Paulo, it starts with filing in the appropriate court for judicial inventories or with a notary for extrajudicial inventories if all heirs agree and are adults.

How long does a typical judicial inventory take in São Paulo?

Judicial inventories usually take several months to years, depending on complexity, disputes, and court workloads. Factors include the number of heirs and the amount of assets and debts involved. A lawyer can often estimate timelines after reviewing initial documents.

When can an Inventário be completed extrajudicially in São Paulo?

Extrajudicial inventories are possible when all heirs are adults, consent is unanimous, and there is no dispute over the assets or inheritance terms. The notary prepares a escritura publica de inventário e partilha and distributes assets after paying required taxes.

Where do I file a judicial inventory in São Paulo?

Judicial inventories are filed in the court of the deceased's last domicile or the location of the asset. In urban São Paulo, this typically means the local forum or a designated probate court, with the process carefully managed by a lawyer.

Why might I need a lawyer for an Inventário in São Paulo?

A lawyer helps gather documents, choose the correct procedural path, manage heirs consent, and handle tax considerations. They also coordinate with notaries for extrajudicial inventories and represent you in court if disputes arise.

Do I need a will to start inventory in São Paulo?

No, not always. A will can simplify the process, especially if it clearly directs asset distribution. Without a will, the heirs follow the rules of succession in the Civil Code and often require more time and evidence to determine rightful shares.

Is it necessary to involve a notary for the inventory?

Notaries handle extrajudicial inventories when all heirs agree and there are no dependents or disputes. They are not involved in judicial inventories, which proceed through the court system and require judge oversight.

How are taxes handled during Inventário in São Paulo?

ITCMD is a state tax due on the transfer of assets upon death. The process varies with asset values and types of property. A lawyer or tax advisor helps determine tax amounts and supports filing with the state Fazenda authorities.

What documents are typically required to begin an Inventário in São Paulo?

Common documents include death certificate, heirs' identification, property titles, recent tax statements, and any will. Additional items may include debt statements and proof of heir status for minors or dependents.

Can an Inventário be challenged or appealed in São Paulo?

Yes, either party can challenge decisions in a judicial inventory. Appeals are subject to procedural deadlines and must be argued in court with appropriate evidence and legal bases.

What is the difference between a testamento and a intestate succession in São Paulo?

A testamento is a legally executed will directing asset distribution. Intestate succession occurs when there is no will, so the Civil Code establishes shares among heirs, which the inventory must implement.

5. Additional Resources

The following official sources provide authoritative texts and guidance related to Inventário, succession, and related procedures in Brazil and São Paulo.

• Planalto - Presidência da República - Código Civil (Lei 10.406/2002). Official text and updates: Lei 10.406/2002.
• Planalto - Presidência da República - Código de Processo Civil (Lei 13.105/2015). Official text and updates: Lei 13.105/2015.
• Planalto - Presidência da República - Lei de Registros Publicos (Lei 6.015/1973). Official text: Lei 6.015/1973.
• Governo do Estado de São Paulo - Portal oficial do estado para informações gerais e serviços: saopaulo.sp.gov.br.
• Secretaria da Fazenda do Estado de São Paulo - ITCMD e questões fiscais correlatas (informações oficiais): fazenda.sp.gov.br.

6. Next Steps

1. Determine the appropriate path - assess if the inventory will be judicial or extrajudicial based on heirs' age, consent, and dispute status. This decision guides your entire process. Timeframe: 1-2 days for initial assessment.
2. Collect core documents - gather death certificate, wills (if any), heirs' identification, asset titles, and recent tax statements. A lawyer can help verify completeness. Timeframe: 1-2 weeks for initial compilation.
3. Consult a lawyer specializing in inheritance law - compare experience, fees, and approach to your case. Schedule an initial consult to map steps and costs. Timeframe: 1-3 weeks to finalize your choice.
4. Draft and file the chosen inventory route - the attorney prepares the petition for the court or the escritura publica de inventário e partilha with the notary. Timeframe: 2-8 weeks, depending on complexity.
5. Coordinate with tax authorities and creditors - ensure ITCMD and debts are addressed promptly to avoid delays. Timeframe: handled in parallel with filing; verification may extend the timeline by weeks.
6. Attend hearings or sign the escritura - judicial inventories may require court hearings; extrajudicial inventories require attendance at the notary and signing of the escritura. Timeframe: 1-4 weeks post-filing for extrajudicial; longer for judicial depending on docket.
7. Obtain final distributions and update registrations - receive the final ordem de partilha and ensure property titles are registered in heirs' names. Timeframe: 1-3 months after approval or escritura.