In the case of hereditary communion without the possibility of amicable division, any heir, whether head of household or not, may demand that the division be carried out through an inventory process.
Currently, the interested party can choose to carry out the division via a notary public or through a judicial inventory process.
This choice option, however, is limited.
In the following cases, the inventory process must be processed in court:
When the Public Prosecutor's Office understands that the interest of the incapacitated person to whom the inheritance is granted implies beneficiary acceptance;
In cases where one of the heirs cannot, due to absence in an uncertain location or permanent incapacity, intervene in the division of assets carried out by agreement;
Whenever the inventory constitutes a dependency on another judicial process and,
When the inventory is requested by the Public Prosecutor's Office, the inventory process must be requested in a court of law.
If the division of inheritance is initiated at the notary's office without the agreement of all interested parties, it is referred to the court, if this is requested by an interested party or parties directly interested who represent, individually or jointly, more than half of the inheritance.
These are some of the rules that you should take into account if you decide to demand the sharing of inheritance assets through inventory.
Andreia Baiao
Fully qualified lawyer
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