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Understand How the FGTS Balance Is Transferred to Dependents or Legal Heirs After the Worker’s Passing, and What Rights and Procedures Are Involved.
The Severance Indemnity Fund (FGTS) is a mandatory labor benefit in Brazil, created to provide financial security to workers in specific situations, such as unfair dismissal, retirement, and purchasing a home. This fund consists of monthly deposits made by employers, which correspond to 8% of the worker’s salary. But what happens to the FGTS balance if the worker passes away? Understanding the rights and necessary procedures is essential for dependents and legal heirs.
How Does FGTS Work in the Event of Death?
In the event of the worker’s passing, the remaining balance in their linked FGTS account is not automatically accessible to anyone.
The balance is considered part of the deceased’s estate and must be transferred to their dependents or legal heirs.
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This process is regulated by the Consolidation of Labor Laws (CLT) and the rules of the Caixa Econômica Federal, which is responsible for administering the FGTS.
The legislation determines that the FGTS balance is allocated according to the succession rules of the Brazilian Civil Code.
Who Is Entitled to the FGTS Balance
The legal beneficiaries of the FGTS balance after the worker’s passing are defined by current legislation. The surviving spouse or partner has priority in succession.
If there is no spouse or partner, the deceased’s children and descendants are next in line for succession, receiving the balance in equal parts.
If there is no spouse, partner, or children, the deceased’s parents and ascendants are entitled to the balance, also in equal parts.
In the absence of all these beneficiaries, the balance will be distributed to other legal heirs, as provided in the Civil Code.
Documents Required for Withdrawal
To request the withdrawal of the FGTS balance after death, the legal beneficiaries must gather and present a series of documents.
The required documents include: the death certificate of the deceased worker, an official photo ID of the beneficiary (such as an ID card or driver’s license), the beneficiary’s CPF, and, in the case of a spouse or partner, the marriage certificate or declaration of stable union.
For children and other ascendants, it is necessary to present a birth certificate or documents that prove the family relationship.
If there are other heirs, documentation will be required to prove the right to succession. The Caixa Econômica Federal may request other specific documents to confirm the family relationship or the right to succession, depending on the case.
Request and Deadlines
The request for the withdrawal of the FGTS after death can be made in two ways: in person or online.
In person, beneficiaries must go to a branch of the Caixa Econômica Federal with all necessary documentation. Alternatively, Caixa provides an online service to facilitate the process.
Beneficiaries can access the official website of the Caixa Econômica Federal, fill out the electronic form, and attach the required documentation.
After the presentation and analysis of the documents, the Caixa Econômica Federal has a deadline of up to 15 business days to release the FGTS balance to the legal beneficiaries.
Understanding what happens to the FGTS balance in the event of death is essential to ensure that the rights of dependents and heirs are respected and that the process of transferring the balance is carried out efficiently.
If you are dealing with this situation, be sure to gather all the necessary documentation and follow the established procedures by the Caixa Econômica Federal to ensure that the values of the FGTS are correctly transferred according to the law.
Source: Jornal Contábil
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