This is because the procedure has the exact objective

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mahbubamim077
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Joined: Tue Jan 07, 2025 4:25 am

This is because the procedure has the exact objective

Post by mahbubamim077 »

It is important to note that, as an alternative to judicial probate, there is the possibility of the succession of assets being carried out by administrative probate, conducted by the Notary's Office by public deed, as authorized by Law 11,441/2007. In this case, court costs are avoided, which are generally higher than notary fees, and the procedure is fast and unbureaucratic. However, administrative probate requires capable heirs and consensus regarding the division of assets.

As consensus between the heirs on the division of assets does not always occur, sometimes the administrative inventory becomes unfeasible, forcing the parties to discuss the succession in the Judiciary, with all the inconveniences mentioned above.

Furthermore, according to art. 610 of the Code of Civil Procedure (CPC), in the presence of a will (public or private), a judicial inventory must be carried out, i.e., the option for the extrajudicial procedure bulk sms india would be prohibited. However, in the judgment of Special Appeal 1.808.767/RJ, 1 the STJ ruled that an extrajudicial inventory can be carried out in these cases. According to the Court, if the heirs are of legal age and in agreement, in addition to being duly accompanied by their lawyers, there is nothing to prevent the extrajudicial inventory from being carried out, even in the presence of a will. This is because the procedure has the exact objective of relieving the Judiciary and ensuring a faster way to resolve the succession. Therefore, in the absence of a conflict of interests, there is no reason to prevent heirs, who are the most interested parties, from opting for the administrative route.
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