On August 20, the CNJ (National Council of Justice) approved, by means of CNJ Resolution 35/07, that inventories, property distributions and consensual divorces can be carried out in a notary’s office, even when they involve heirs under 18 years of age or incapacitated individuals.
This resolution simplifies the processing of these acts by having them carried out via registry offices, without the need for judicial approval, but with the participation of a lawyer registered with the OAB.
In the case of inventories with minors, all that is required is that the heirs agree on the ideal share of each asset to which the minor is entitled. The notary responsible for drawing up the public inventory deed must also send it to the Public Prosecutor’s Office for validation. In the event of any irregularities pointed out by the Public Prosecutor’s Office, the deed will be submitted to the Courts.
In the case of consensual divorces done out of court involving couples with minor or incapacitated children, issues related to custody, visitation and child support must be resolved in court beforehand.
The resolution authorizing this out-of-court procedure aims to reduce the overload on the Judiciary Branch and also to guarantee greater efficiency for those under guardianship in carrying out such acts.
