The National Council of Justice (CNJ) approved this Tuesday (20), unanimously, the carrying out of inventory and division of assets through administrative means, in notary offices, even in cases where there are incapable minors among the heirs. 
Over the years, the CNJ has been expanding the possibilities of carrying out an inventory without the need to file a lawsuit, a more expensive and time-consuming route, by registering the amicable division of assets at a notary’s office, via public deed, a faster and cheaper procedure.
With the measure now approved by the CNJ, it is sufficient for there to be consensus among the heirs for the extrajudicial division of inheritance to be registered at the notary’s office. In the case of incapacitated minors, the resolution on the subject determines that the extrajudicial procedure can be carried out as long as they are guaranteed the ideal share of each asset to which the incapacitated person is entitled.
Previously, the division of assets by extrajudicial means was only possible if the minor heir was emancipated, that is, if he had previously declared himself legally capable. This need is now eliminated, and the inventory by means of a public deed becomes possible in any configuration. Therefore, a judge will only need to be called in the event of a dispute over the division of assets.
According to the rule approved this Tuesday (20), if there is an incapable minor heir, the registry offices must forward the public deed of inventory to the Public Prosecutor’s Office, which must give a favorable or unfavorable opinion. Only if the Public Prosecutor’s Office considers the division unfair to the minor in question, the case must be submitted to a judge.
The new measure had first been proposed by councilor Marcos Vinícius Jardim, who ended his term on May 10. The proposal was later taken up by the national justice inspector, Luis Felipe Salomão, and by the president of the CNJ, Luis Roberto Barroso.
“The Judiciary certainly cannot handle, in addition to the 80 million cases it already has, even more so the inventories and divisions involving minors,” said counselor João Paulo Schoucair, who presented a vote on Tuesday (20).
