EXECUTION OF WILL THROUGH EXTRAJUDICIAL INVENTORY IN THE CURRENT PROCEDURAL SYSTEM

Abstract

The present study aims to demonstrate the possibility of dejudicialization of the fulfillment of the will and, with that, the viability of the extrajudicial inventory procedure to be carried out entirely by extrajudicial means, even if there is a will, based on a systematic and teleological interpretation of art. 610 of the Code of Civil Procedure. Therefore, it aims to analyze the legal panorama of the inventory and the will, norms applicable to the institutes, in addition to notes regarding the dejudicialization and its effects, considering the principle of access to justice and the reasonable duration of the process, and, in the end, to expose the waiver of the judicial process for extrajudicial probate in cases where there is a will. For that, bibliographical and qualitative research was used, through consultation on SciELO platforms, Google Scholar, online libraries, Capes Periodicals, congress annals, dissertations and jurisprudence.