Court inventory: when it is mandatory and what to expect from the process

O court inventory It is a regulated procedure in Code of Civil Procedure This process is intended to divide assets when there is no agreement between heirs or when circumstances require judicial intervention. Although probate can also be done through a notary, there are cases where the law mandates that it be conducted by the court. Knowing these scenarios and understanding the stages of the process is essential to avoid surprises.

When judicial probate is mandatory.

Portuguese law stipulates that the court inventory It is necessary, among other cases, when:

• There is no consensus among the heirs regarding the division of the estate, even after attempts at agreement;

• There is Heirs in disagreement that require resolution by the court;

• There are minor, incapacitated, or absent heirs without a legal representative;

• The division involves complex or difficult-to-value assets, such as companies or corporate shares;

• It is necessary to cancel or correct a previous share through Challenges to distribution;

• The head of the household is not fulfilling the legal obligations stipulated for the administration of the inheritance.

Differences in relation to notarial inventory

Unlike Inventory process In contrast, a judicial inventory process, conducted through a notary's office, involves proceedings in court with stricter procedural deadlines, the production of evidence, and the possibility of appealing decisions. It is more time-consuming, but it guarantees greater protection when there is conflict or vulnerable interests to safeguard.

Stages of judicial inventory

Typical procedures include:

1. Opening of the process – Submission of the initial request by an heir, creditor, or head of the household.

2. Appointment of the head of the estate. – The person who will manage the assets and present them. List of assets.

3. Objection or complaint Other interested parties may challenge the list of assets or contest the legitimacy of other heirs.

4. Valuation of assets – It may include technical expertise, following rules similar to those of valuation of assets in an inheritance.

5. Drafting the sharing plan – Document outlining the proposed division.

6. Judicial approval The judge confirms the division of assets or decides on any objections.

Deadlines and costs

Judicial probate proceedings are generally longer than notarial ones. They can exceed one year, depending on the number of heirs, the complexity of the assets, and the degree of litigation. Costs include court fees, expert fees, and... lawyers, It is advisable to assess the likely expenses beforehand.

The role of a solicitor in probate and inheritance cases

A specialized lawyer is essential for:

• Analyze the feasibility of an agreement before resorting to court;

• Draft the initial request with legal justification;

• Defend the client's share of the case in all procedural phases;

• To ensure compliance with deadlines and formalities;

• To monitor valuation procedures and any eventual judicial sales.

Conclusion

O court inventory This is the right path when dialogue between heirs fails or when there are interests that require greater judicial protection. Although more time-consuming, it ensures a transparent and equitable process. With adequate legal support, it is possible to reduce conflicts, meet all legal requirements, and conclude the division of assets with legal and fiscal security.