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Withdrawal From Deceased Account Without Inventory: Quick Court Order (With Lawyer), Limit of “500 OTN”, Risk of Crime With Other Heirs and Rules for Joint Account.
Many Brazilians have questions about how to access funds left in bank accounts after the death of a relative. According to the law firm LS Advogados, it is possible to withdraw money from the deceased without a traditional inventory, as long as it is done through a court order. This route is quicker and less costly than an inventory, but has clear limits and legal risks.
The warning is important: withdrawing money from the deceased on your own, using a password or card, can constitute a crime, especially when there are other heirs involved.
The courts understand that the inheritance belongs to all successors at the time of death, and moving funds alone can be considered misappropriation.
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How the Court Order Works
The court order is an order issued by the judge that authorizes the withdrawal of funds from bank accounts, FGTS, or other credits in the name of the deceased.
It is a simplified procedure, used to avoid a complete inventory when only money is involved.
As explained by LS Advogados, the court order cannot be requested in the Special Civil Court, but rather in the common courts, and always with representation from a lawyer.
This means that there is no entirely cost-free extrajudicial path or technical supervision.
In practice, the court order works well for modest balances, as the law operates with a historical ceiling of “500 OTN”, which in recent decisions has varied between R$ 12,000 and R$ 20,000.
In some cases, law firms have managed to increase this amount based on the Civil Procedure Code, achieving authorization to withdraw amounts close to R$ 50,000 or R$ 60,000, but this scenario depends on the judge and is not guaranteed.
When the Withdrawal Can Become a Crime
One of the most delicate points is the criminal risk. LS Advogados highlights that withdrawing money from the deceased using a password and card is illegal, especially if there is more than one heir.
Since the estate belongs to all after death, withdrawing funds without consensus is viewed as misappropriation.
If the heir is the only one, some jurists believe that there would be no crime, just a civil irregularity. Nevertheless, the firm emphasizes that the correct procedure is always through a court order, as the Public Prosecutor’s Office and judges can interpret the conduct differently.
Even small amounts can lead to disputes, although in practice, they rarely advance to criminal proceedings.
Still, the risk exists, and the safe way to act is always to judicialize the request.
Rules for Joint Accounts and Multiple Heirs
Another relevant point is the situation of joint accounts. In this case, it is assumed that half of the balance belongs to the surviving account holder, who can move their share without problems.
The other half, however, is part of the inheritance and requires a court order or inventory to be released.
In cases with multiple heirs, all must agree on the withdrawal and division. If there is disagreement, the process ceases to be simple and can evolve into inventory or traditional inventory processes.
If there is only one heir, direct withdrawal at the bank is still not allowed: the rule remains a judicial request.
Is It Worth Requesting a Court Order?
According to LS Advogados, the court order is advantageous when the deceased left only money in the account or small amounts in FGTS and PIS/Pasep.
In these cases, the inventory would be disproportionate to the amount involved.
The cost with a lawyer and court fees is generally lower than a complete inventory, and the timeframe is usually shorter.
However, if there are diversified assets (real estate, vehicles, larger financial investments), the mandatory route will be the inventory, with no way to evade this process.
In short, withdrawing money from the deceased without an inventory is possible, but only through a court order.
The procedure requires a lawyer, usually has a value limit and only works in cases of asset simplicity.
Outside of that, the risk of crime and nullity is high.
And you, have you experienced a similar situation? Do you think the court order should have higher limits or replace the inventory in more cases?
Leave your opinion in the comments — we want to hear real accounts from those who have lived through this in practice.
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