Here are some important information about the subject. In order to carry out the inventory of extrajudicial way, there are some requirements and some observations, as listed below:
01) requirements for performing a lasting power of attorney in registry: (a) all of the heirs should be larger and capable (in the case of children emancipated, the inventory can be done in registry); (b) there must be consensus among the heirs regarding division of property;
(c) the “deceased” (deceased) cannot have left will;
(d) the deed must count with the participation of a solicitor expert UK will writing and probate like Wills Trusts LPA UK
ATTENTION!: going on minors, incapable, or if the “deceased” (deceased) has left a will, the mandatory inventory should be done by judicial process.
02) the deed of inventory does not depend on judicial approval.
03) what should I do after the completion of the deed of inventory for the goods will pass to the heirs?
It’s very simple. Just submit the deed of inventory for record in the real estate registry office (in the case of real estate), the DMV (in the case of vehicles), in the Registry of Civil Registry of legal persons or commercial registry (in the case of any company), banks (having bank accounts), etc.
04) if any judicial inventory in progress, the heirs may, at any time, drop the lawsuit and opt for write extrajudicial, just a simple inventory petition requesting the termination of the process.
05) performing an inventory can be made in any Registry of notes, regardless of the domicile of the parties, the place of situation of the goods or the place of death of the “deceased” (deceased), rules which apply only in the case of inventories made in Justice.
06) there is deadline for payment of estate tax mortis (ITCMD). The payment must be effected within ITCMD 180 days of the date of death, without penalty and interest, being performed the procedure by the Secretariat of finance to obtain the guides.
07) it is necessary to hire a lawyer to do inventory in registry? Yes. The law requires the participation of a lawyer as legal assistant of the parties in the Scriptures of inventory, as the notary, as well as the judge, is a professional who provides public tender law, and act with impartiality on legal guidance from the parties, why the lawyer appears to act in the best interests of its clients.
08) the heirs may have distinct or all lawyers have to be represented or assisted by a single lawyer? No. Each party may be represented by a different lawyer, who must sign the deed along with the parties concerned, it is not necessary to submit proxy.
09) it is possible to be represented by attorney on the deed of inventory? Yes. The party concerned may not attend in person to City Hall to sign the deed of inventory, he may appoint a proxy through proxy in public registry of notes, with specific powers for this purpose.
10) there can be recognition of stable Union in inventory? If the “deceased” (deceased) lived in stable, the heirs may recognize the existence of this Union in deed of inventory, and if the partner is the sole heir, or if there is a conflict between him and the other heirs, the recognition of the Union stable must be done judicially. It is currently recognized as a familiar to stable union between man and woman, configured in public, continuous and lasting co-existence with the purpose of Constitution , and the Supreme Court has assigned to unions homoafetivas the same effects of stable Union heteroafetiva.
11) is possible to renounce inheritance. If the heir does not have interest in receiving the inheritance, the waiver may be effected by notarial deed.
12) bearing the “deceased” (deceased) assets held abroad, the registry can do the deed of probate and lasting power of attoreny? No. If the deceased leave assets located abroad can’t do the inventory by notarial deed.
13) there is no price difference between registry offices to do the deed of inventory? No. The price of the deed of inventory is charted at all offices of the State of Rio de Janeiro and depends on the value of the assets left by the deceased, and in most cases, the inventory in registry is cheaper than the will writing solicitor in the UK.