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Everything you need to know about inventory

02 de April de 2019

At first, we must understand that the inventory is nothing more than the procedure that makes the listing of all goods, as well as the rights and duties of the deceased, and then move on to the sharing process, which is the division of the ) equity (s) among the heirs, if any.

The inventory serves to verify the debts, assets and rights left by a deceased person, in addition, determine who is entitled to these assets and divide them as soon as possible.

  • When is there a need to take inventory?

The inventory should be done when someone dies, regardless of whether there are heirs or not. This inventory must be made within 60 days from the day of death. After this deadline, you can still do the inventory, however, you will have to pay interest and fines.

  • What is the difference between inventory and sharing?

As mentioned earlier, there are two distinct processes. The inventory is where all the assets are raised, as well as all the debts of the deceased. Already the sharing, is the moment (within the inventory) where the division of all the goods for each heir takes place. This division occurs shortly after all debts have been cleared.

  • How to apply for inheritance?

Initially, you must be accompanied by a lawyer to enter the inventory process. If the process is already happening, just follow and wait for the sharing, which is the moment of division of the goods.

  • Who is entitled to inheritance?

To be entitled to inheritance, an order is observed, be it:

  1. The child (ren) of the deceased, together with the widow / widow;
  2. If there are no children, the parents of the deceased along with his / her widow / widow are entitled;
  3. If the deceased has no living parents and no children, the widow / widow inherits.
  4. When there are no children, no widow / widow, and no parents, then they are the brothers, uncles and nephews who can inherit.

If there is a will, it will only be entitled to a maximum of 50% of the inheritance, since the rest must necessarily be reserved to the heirs as determined by law.

It is important to remember that the existence of a marriage or stable union interferes with sharing, that is, there will be a difference in the division of goods when the separation regime is total, partial, universal, among others.

  • How does the inventory process work?

After the selection of the lawyer (s), the inventory may be initiated through judicial or extrajudicial channels. When the extrajudicial route is chosen, it is done by the notary and more quickly, however, it is necessary to complete some requirements, which are:

  1. When there is agreement between the heirs;
  2. When there is no will;
  3. When there are no minor or interdicted children.

When the reality of the heirs does not fit these requirements listed above, the inventory will be by judicial means, which is a little more time consuming and done by the State Court.

Once you have chosen the form of the inventory, it is started and you must choose an inventor who is the person who will be temporarily responsible for the goods, obligations and rights. Then the assets are organized and withdrawn, as well as the debts. It is made the payment of the tax on transmission causa mortis and donation to then have the sharing and registration of assets that were left for each one.

If you need to take inventory, our office is available to arrange service.
Phone for contact: (31) 3721-4232 e (31) 98710-4232


Fonte: Site JusBrasil –