The National Council of Justice (CNJ) unanimously approved the possibility of conducting inventories, division of assets, and consensual divorces in a notary’s office, even in cases involving minor or incapacitated heirs. The decision was made during the 3rd Extraordinary Session of 2024, held on August 20, during the hearing of Request for Provisions No. 0001596-43.2023.2.00.0000, proposed by the Brazilian Institute of Family Law (IBDFAM).
This measure aims to simplify and streamline procedures, eliminating the need for judicial approval, provided there is consensus among the heirs and ensuring that the minor or incapacitated heir receives the ideal share of each asset to which they are entitled.
To this end, in situations involving minors or incapacitated individuals, notary offices must forward the public deed of inventory to the Public Prosecutor’s Office (MP). If the MP identifies an unfair division or there is a third party challenge, the case must be submitted to the Judiciary, and the notary may also forward the deed to the competent court whenever he or she has doubts about its validity.
In out-of-court consensual divorces involving couples with minor or incapacitated children, issues related to custody, visitation and alimony must be resolved in court.
This new regulation is an important step toward relieving the burden on the Judiciary and enabling the resolution of probate and divorce cases in a more expedient and effective manner, benefiting those seeking consensual solutions.
