Inventário extrajudicial: ampliação da desjudicialização junto às novas medidas instituídas pela Resolução nº 571/2024 do Conselho Nacional de Justiça

Abstract

This research aims to analyze the institute of extrajudicial probate in light of the innovations introduced by Resolution Nº 571/2024 of the National Council of Justice (CNJ). It addresses the historical evolution of succession law, the fundamental concepts of intestate and testamentary succession, and outlines the procedures required for carrying out probate through administrative channels, highlighting the role of the notary and the legal requirements involved. The central focus is on the expansion of dejudicialization promoted by the new resolution, which now allows for extrajudicial probate even in cases involving a will or legally incapacitated heirs, provided certain conditions are met. It is argued that these changes strengthen party autonomy and promote greater procedural efficiency, contributing to the modernization of the Brazilian justice system. The objective is to demonstrate that probate and partition can be conducted at a notary office, without the need for judicial approval. This will be substantiated through a bibliographic review that draws upon various books, articles, and court decisions, which provide opinions and explanations related to the subject.