Analysis and importance of judicial and extrajudicial inventory

The present study addressed the basic criteria for drawing up an inventory and extrajudicial sharing based on the list of legal provisions, which is based on the high number of lawsuits that overload the Judiciary, in which there are no opposing parties, conflicting with each other. It is considered carrying out a detailed research on the types and procedures of judicial and extrajudicial inventory, also considering the development of a legal theoretical analysis, the reflexes of the acceptance and waiver of inheritance in the face of the judicial and extrajudicial inventory procedure. There is also a clear exposition of its specificities. It was sought to know what are the legal criteria required in the judicial and extrajudicial inventory. The objective was to present a review of the doctrine and legislation on the paths for judicial and extrajudicial inventory. The methodology of use considered the hypothetical-deductive method and also the use of research techniques of bibliographic review, of an exploratory nature. It was found that the adoption of the extrajudicial inventory proved to be even more relevant in scenarios of a large number of deaths that ends up overloading the judiciary in the following months due to the prospected demands to be instituted. Therefore, there is no doubt about the importance of using the administrative route to carry out the inventory and sharing, also considering the occurrence of a possible suspension of the judicial inventory deadlines, in which the administrative inventory is then shown to be the faster and more efficient means of resolving inheritance division. It was concluded that this is a trend in Brazilian law, to increasingly seek dejudicialization, that is, to rely on means that can expand the use of notary services, also considering their speed for use. In addition, there is the possibility of reducing the demands of the judiciary, so that only inventories that do not find means of resolution between the interested parties through consensus or when there is an interest of incapable are for their appreciation. It is possible to conclude that the extrajudicial inventory is shown as a means of dejudicialization since it refers to a way of inventory created to simplify and facilitate the transmission of inheritance, as well as to spare the judiciary from processes that are possible for consensual resolution.