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New CNJ Rule Authorizes Inventory at Notary Office with Minor Heir, Facilitates Sale of Assets Without Court Order, and Accelerates Partition Provided There Is Consensus and Favorable Opinion from the Public Prosecutor’s Office.
The inventory at notary office with minor heir is no longer an exception: the CNJ Resolution 571/2024 amended Resolution 35/2007 and allows extrajudicial proceedings even with minors or incapacitated individuals with partition in ideal shares and favorable opinion from the Public Prosecutor’s Office (MP). According to the Inventory for Laypersons, the change is part of the effort to de-judicialize and brings savings in time and costs when there is family consensus and technical advice.
Moreover, the norm waives judicial authorization to sell estate assets specifically for the purpose of paying inventory debts (such as ITCMD and expenses), provided that there are appropriate guarantees and formalization. The Inventory for Laypersons emphasizes that the assistance of a lawyer remains mandatory and that deadlines and essential documents still apply, including the 60-day deadline for starting the inventory, under penalty of a fine on the ITCMD.
What Actually Changed with Resolution 571/2024
The central innovation, highlighted by the Inventory for Laypersons, is to allow extrajudicial inventory with a minor or incapacitated heir. Previously, these cases went directly to the Judiciary; now, they can be resolved at the notary office if there is consensus, favorable opinion from the MP, and partition in ideal shares (without assigning a whole asset to the minor, but their share in the whole).
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Another significant change is the sale of assets without judicial authorization to pay inventory expenses. This is not a “general release” for sales: it requires a specific purpose (settlement of estate debts), guarantees, and formalization in a deed. When used properly, this tool prevents disruptions and speeds up the financial flow of the process.
Who Can Use the Extrajudicial Route and What Are the Requirements
According to the Inventory for Laypersons, the main rule remains: all heirs must agree with the partition. If there is a conflict, the legal route is required. In cases with minors or incapacitated individuals, the MP reviews and must issue a favorable opinion before the deed is executed. The partition must be in ideal shares, preserving equity and protection of the minor’s assets.
The presence of a lawyer is mandatory. It is the professional’s duty to guide on documents, ITCMD, partition strategy, and compliance with Resolution 571/2024. Without this support, the risks of rework increase, warns the Inventory for Laypersons.
Sale of Estate Assets: When Is It Possible Without Authorization
The resolution eliminates the judicial authorization only when the sale aims to pay inventory debts (ITCMD, expenses, related costs). It is necessary to justify the purpose, formalize it by public deed, and safeguard guarantees. This is not about “liquidating the inheritance” freely, but about streamlining the process for the partition to advance.
In practical terms, explains the Inventory for Laypersons, the inventory administrator conducts negotiations with transparency, provides accounts to the heirs, and signs the necessary acts. Without consensus, it goes back to the judicial route.
Will and Inventory at Notary Office: When Is It Possible
The Resolution 571/2024 also opens the door for extrajudicial inventory with a will, provided that the will has been opened and fulfilled judicially and all capable heirs agree. Once this step is completed, the inventory deed can be executed at the notary office, which shortens deadlines and reduces steps.
Important: the step of validating the will remains judicial, but the partition can move to the notary office after this compliance, if there is consensus.
Rights and Duties: Heirs, Inventory Administrator, MP, and Lawyers
The Inventory for Laypersons summarizes as follows: heirs (including minors, by representation) have the right to their share and to access to information; they must consent and sign (through representatives, when applicable) and provide the documentation.
The inventory administrator manages the estate, lists assets, rights, and debts, pays expenses, and provides accounts. Lawyers provide legal advice, ensure legality, and help avoid fines (such as ITCMD fines for delays beyond 60 days after death).
The Public Prosecutor’s Office, when minors or incapacitated individuals are involved, supervises and needs to issue a favorable opinion. Without the MP’s opinion, there is no deed.
Timeline: From 2007 to the New Phase of De-Judicialization
Law 11,441/2007 initiated consensual partition at the notary office for capable heirs who agree, later regulated by CNJ Resolution 35/2007. Exceptions (minors, incapacitated individuals, and wills) led to the Judiciary.
With Resolution 571/2024, the CNJ expands the jurisdiction of notary offices: cases with minors or incapacitated individuals are now allowed in the notarial route with favorable MP and ideal shares; sale without authorization to settle inventory debts is also expressly stated. Result: fewer cases in courts and greater speed when there is consensus and technical rigor.
2025 in Practice: What to Observe in the Daily Life of Notary Offices
In 2025, the application of 571/2024 consolidates: notary offices began to operate routines with MP, ideal shares, and sale deeds for payment of expenses. Taxation still requires attention to ITCMD and IR rules for estates and heirs, and the 60-day deadline after death continues to be enforced in many states to avoid ITCMD fines.
Another practical tip: it is possible to choose any notary office, regardless of domicile, place of death, or location of assets. The freedom of notarial jurisdiction can reduce travel and optimize document logistics.
Essential Step-by-Step (Without Legalese)
1) Gather the documents: death certificate, documents of heirs/representatives, certificates and reports of assets, tax certificates.
2) Define the administrator and lawyer(s): technical support is mandatory.
3) Check for minors/incapacitated individuals: prepare the partition in ideal shares and submit to the MP.
4) Calculate taxes and expenses: ITCMD and costs; if necessary, assess the sale without authorization to pay inventory debts.
5) Reconcile everything in writing: without consensus, there is no extrajudicial.
6) Sign the deed: with favorable opinion from the MP (when required) and all signatures.
Key phrase to remember: “Without consensus and without the MP’s opinion (when there is a minor), there is no inventory at the notary office.”
Resolution 571/2024 unlocks the inventory at the notary office with a minor heir, allows selling assets without authorization to pay expenses, and accelerates the partition provided that the MP agrees and everyone is in agreement. In practice, organized families gain time and predictability.
Have you ever faced an inventory with a minor? Would selling without authorization have helped settle expenses and speed up the partition? Share your real experience in the comments; your account helps other families decide the best way forward.
O ideal é fazer um planejamento patrimonial da família ainda em vida e evitar que os herdeiros passem pelo horror do inventário, evitando ter que vender bens para pagar o inventário e os altos impostos
Gostaria de saber: É possível escolher o tabelionato de Notas, independentemente do local do domicílio das partes ou do local do imóvel? Exemplo: Vale para o Estado de Pernambuco?
Já foi respondido na matéria
Excelente matéria, já fiz 3 inventários em cartório com todos herdeiros adultos e capazes, em menos de 60 dias o inventário já estava pronto e registrado. Agora podendo fazer para menores e incapazes ficou ainda melhor, quando se fala de herdeiros honestos e com consenso das partes.