Step 1: Immediate Actions After a Loss
The first step in the “Inventário e Sucessões” process in São Paulo is often the most time-sensitive. Families must obtain the official death certificate and begin gathering the deceased’s personal documents. It is crucial to consult a lawyer immediately, as the law requires the inventory process to be opened within 60 days. Missing this window in the state of São Paulo results in a mandatory fine on the ITCMD tax.
Step 2: Choosing Between Judicial and Extrajudicial
Heirs must decide whether to proceed through the court system (Judicial) or a public notary (Extrajudicial). Advocacia em Campinas extrajudicial route is significantly faster but is only available if all heirs are of legal age, mentally capable, and in complete agreement regarding the distribution of assets. Furthermore, there must be no valid will left by the deceased for this streamlined path to be an option in São Paulo.
Step 3: Appointment of the Administrator
Once the process begins, an “Inventariante” or estate administrator must be appointed. This person is usually the surviving spouse or one of the children. The administrator is responsible for managing the assets during the legal process, paying outstanding debts, and representing the estate in all legal and tax matters. This role requires a high level of organization and coordination with the family’s attorney.
Step 4: Asset Valuation and Debt Settlement
A comprehensive list of all assets, including real estate, vehicles, bank accounts, and business shares, must be compiled and valued. Simultaneously, any debts left by the deceased must be identified. Under São Paulo law, the estate’s assets are used to pay off these debts before any distribution to heirs occurs. This ensures that the heirs do not personally inherit the deceased’s financial liabilities.
Step 5: Calculation and Payment of ITCMD
The next critical step is the declaration and payment of the ITCMD tax to the São Paulo State Treasury. The tax is based on the market value of the assets. Your lawyer will help prepare the declaration to ensure all calculations are correct. In São Paulo, the tax office must verify these values before the process can move forward, making this a frequent bottleneck in the succession timeline.
Step 6: The Final Plan of Partition
After taxes are paid and debts are settled, a “Plano de Partilha” (Partition Plan) is created. This document details exactly which assets go to which heir. In a judicial process, a judge must approve this plan; in an extrajudicial process, it is finalized in a public deed. This is the moment where the legal ownership officially shifts from the deceased to the living beneficiaries.
Step 7: Registration of Property Transfers
The final step involves taking the court order or public deed to the relevant Real Estate Registry offices in São Paulo. This updates the property titles to the names of the heirs. Only after this registration is the process truly complete, allowing the heirs to sell, rent, or mortgage the inherited property. It is the final administrative hurdle in the journey of “Inventário e Sucessões.”