Find out an inheritance It may sound like a soap opera, but it’s a kind of situation that happens more often than you think. The lack of contact between relatives or the scarcity of information about the family past are factors that make this process even more challenging.
In these scenarios, entitle Left by family members depends on a combination of research, organization and often the performance of specialized legal professionals.
According to Caio Brandão Coelho Martins de Araujo, lawyer at Ciari Moreira Advogados, the first step is to verify the existence of some kinship with the deceased person. “They are usually direct relatives such as fathers, mothers, spouses or grandparents, but uncles, great uncles and cousins can also inheritif they do not have necessary heirs. ”
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Nevertheless, lawyer Laísa Santos, which specializes in family law and succession planning, points out that the mere existence of a family bond does not mean that there is an inheritance in her name. “The opening of the inventory For calculation and sharing of goods, ”he says.
Where to seek information and which documents to consult?
One of the most direct ways to start this search is to consult the existence of inventory process in the latest home of the deceased. This verification can be done directly on family courts and successions of local forums.
Another important step is to consult the notarial center of shared services (Censec), which allows you to verify testaments registered in notaries across the country. “It can be accessed online and is an efficient tool,” says Julia Moreira, Plkc Advogados Succession Praise and Planning.
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Regarding real estate, the path begins with registration notaries. “It is possible to request a search certificate with the CPF of the deceased in the notary’s offices where he lived,” says Julia. In addition, it is possible to expand the search through municipal registrations of IPTU or in Real Estate Registry Site.
As for amounts maintained in bank accounts, brokerages or other financial institutions, information can only be accessed by the inventor, with judicial authorization. “Banks and brokerages only provide information by court order or formal request made by the inventor,” explains Araujo.
However, there is an alternative: the value system to receive (SVR), from the Central Bank, allows to consult forgotten values on behalf of third parties. Still, the consultation requires proof of kinship or legal representation.
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Still in relation to financial investments, another alternative is to research the system of search for assets of the Judiciary (Sisbajud). However, this consultation must be made judicially, through letters granted by the judge. “For all these measures, it is essential to seek a lawyer with a specialized succession law for legal advice,” says Julia.
What if there are not declared goods?
Inventory formalizes the set of known goods, but does not always include all heritage. “If omission is suspected, it is possible to request judicial offices for IRS, Central Bank, CVM, and notaries, in order to investigate the real assets left,” says Araujo.
It is common, according to experts, that not all goods are formally declared, especially when updated records are missing. Therefore, the investigation may also include municipalities, state records of rural real estate and, for vehicles, in consultation with Detran by the Renajud system.
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Again, judicial authorization or specialized follow -up may be required to obtain this information.
Do life and social security insurance enter the inheritance?
On the other hand, some goods do not necessarily enter the traditional heritage. “Life insurance and private pension With designated beneficiaries, they are paid directly to those nominated, regardless of inventory, ”explains Laísa Santos.
These values are not divided among the heirs, except in cases of fraud or deviation of purpose, when they may be included by court decision.
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To locate insurance or pension, it is recommended to consult the SUSEP website, as well as verify directly with the insurers and financial institutions with which the deceased had a relationship.
Is there a deadline to claim the inheritance?
The general deadline for claiming inheritance rights is 10 years from the date of death. In cases of sharing nullity, the deadline may vary between 1 and 4 years, depending on the situation.
“If the heir was excluded from the inventory and did not take judicial measures, he may lose his right by prescription,” warns Araujo. In cases of intent or bad faith, however, there is a possibility of judicial revision.
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Experts are unanimous in highlighting the importance of having agility. Seeking a lawyer specializing in succession law will help conduct the investigation and guarantee the rights provided by law.
