INVENTÁRIO EXTRAJUDICIAL E O DESAFOGAMENTO DO JUDICIÁRIO

ABSTRACT This work aims to analyze the concept and historical evolution of probate in Brazil, with emphasis on the introduction and consolidation of extrajudicial probate as an instrument of dejudicialization, speed, and efficiency within the scope of Succession Law. Probate is an essential legal procedure intended to determine the estate left by a deceased person, enabling the proper and secure transfer of assets, rights, and obligations to the heirs. Traditionally, probate was conceived as a judicial process, characterized by formality, bureaucracy, and slowness. The enactment of Law No. 11,441/2007 represented a significant milestone in the history of Brazilian probate by allowing its execution through an extrajudicial procedure, by means of a public deed drawn up in a notary office, provided that specific legal requirements are met. This change is aligned with the broader movement of dejudicialization and the search for alternative methods of dispute resolution in the national legal system, aiming to reduce the overload of the Judiciary and promote simpler, faster, and more accessible solutions. Extrajudicial probate has become a viable alternative when all heirs are legally capable, there is consensus regarding the division of assets, and no valid will exists. Furthermore, the work discusses the main legal and practical aspects of this modality, including the costs involved (fees, ITCMD, and attorney’s fees), the required documentation, and the criteria for its realization. It also analyzes the recent Resolution No. 571/2024 of the National Council of Justice, which expanded the hypotheses of extrajudicial probate, even in cases involving minor or incapacitated heirs, provided that the Public Prosecutor’s Office issues a favorable opinion and other legal conditions are observed. The study also addresses the distinctions between judicial and extrajudicial probate, highlighting the advantages and limitations of each. Finally, it examines technological innovations applied to justice, such as process automation, digitalization, and artificial intelligence, which contribute to a faster and more efficient system. It concludes that although extrajudicial probate represents a significant advance in the field of Succession Law, it does not entirely replace the judicial model, making it necessary to assess, on a case-by-case basis, the most appropriate path in order to ensure legality, legal certainty, and fairness in the distribution of assets. Keywords: keywords: probate; succession law; distribution of assets; heirs; procedural speed; will.