On August 30th, the National Council of Justice (CNJ) approved a new resolution that modernizes and streamlines probate and divorce procedures. The measure aims to expedite and simplify these processes, allowing many cases to be resolved directly at notary offices, easing the judiciary system, and promoting a more harmonious approach to family and succession matters.
This resolution replaces the previous one, number 35, in force since February 2007, and allows probate, divorce, and division of assets to be conducted extrajudicially throughout the country. Previously, these procedures were mandatory through the judiciary.
Practical ChangesThe new resolution introduces important innovations, such as:
- Extrajudicial Probate: Probate can now proceed even in cases involving a will or minors and incapacitated heirs, as long as established norms are followed.
- Extrajudicial Divorce: Divorces and division of assets are allowed even with minor or incapacitated children, speeding up the process, though custody and child support matters still require judicial decisions.
- Sale of Assets: No longer requires judicial authorization for the executor to sell the deceased’s movable and immovable assets, provided that it is authorized through a public deed and meets the resolution’s requirements.
- Separation in Fact: Enables the formalization of separation in fact through a public deed, officially ending the couple’s full communion of life.
Legal Representation
Despite the ease brought by the new resolution, it is essential that the parties are represented by lawyers throughout the process. The presence of a lawyer is fundamental to ensure that the rights and interests of the parties involved are properly safeguarded.
The modernization also includes the possibility of performing some procedures online through the e-Notariado portal. The site offers digital services so that people can resolve matters remotely without having to go to a notary office. The available services include:
- Electronic travel authorization for children and adolescents.
- Document authenticity verification.
- Digital vehicle ownership transfer.
- Signing of electronic notarial acts.
- Request for a certificate of the existence of a will for probate.
This simplification of procedures provides more autonomy for the involved parties and protects their privacy, making the process quicker and less exhausting. With the reduction of state interference, conflicts are mitigated, reducing resolution time and avoiding the typical stress of long judicial processes.