Legal and financial costs of death

I’ve heard a number of times, especially for customers who receive the sheet with the inventory cost, the following sentence: “Wow, how to die is expensive.” Actually, losing a loved one is very costly emotionally and financially as well. In addition to spending the funeral, there will be expenditure on inventory.

So once again I quote the importance of Estate Planning. It is that, often, who ends up paying the expenses is the family itself. Very common that the deceased has left no funds to meet the expenses, leaving as only movable and immovable property, then who will have to pay the costs will be the children, spouse, etc. However, people who draw up a Succession Planning still alive, have already anticipated expenditure, ensuring that no costs fall on the heirs.

In order to have an idea of how much it will cost inventory, consider the following:

Procedural costs

If the inventory is legal for legal impossibility or by choice of the heirs, there will be legal costs, as defined by each State of the Federation.

In probate proceedings, the State of São Paulo, for example, the costs depend on the value of property left by those who died and are defined penalty Fiscal Unit of the State of São Paulo – UFESP (in 2014 each UFESP = R $ 20.14 ).

Total value of goods UFESPs Costs (2014)

Up to $ 50,000 10 R $ 201.40

R $ 50,001.00 to R $ 500,000.00 100 R $ 2,014.00

R $ 500,001.00 to $ 2 million 300 R $ 6,042.00

R $ 2,000,001.00 to $ 5 million 1000 R $ 20,140.00

Over $ 5 million 3000 R $ 60,420.00

If there are no assets to share 5 R $ 100.70

Emoluments Notaries

Already this Extrajudicial, those held in office, implies expense charged by the notary on the deed, and has progressive value according to the total value of goods to be shared.

The value of the deed, in the State of São Paulo, going from R $ 172.50 to R $ 31,725.05, depending on the total value of assets involved. Thus, the mere comparison, below table with the costs for the judicial and notarized:

Total value of goods Emoluments Notaries Legal Costs (2014)

R $ 50,000 R $ 1,138.02 R $ 201.40

R $ 500,000.00 R $ 3,028.54 R $ 2,014.00

R $ 2 million R $ 6,700.32 R $ 6,042.00

R $ 3 million R $ 8,246.56 R $ 20,140.00

$ 5 million R $ 11,338.98 R $ 60,420.00

If there are no assets to share R $ 179.36 R $ 100.70

Importantly, depending on the value of assets left by the deceased, it may seem more advantageous financially, the judicial inventory and other times the extrajudicial. However, I suggest that the choice is entrusted to the lawyer of your confidence, which will certainly have the best route according to the analysis of a number of specific features of each case, so that the table above is not the only parameter to the choice.

Taxes – ITCMD

The ITCMD is the tax due when there is equity of transmission by death or by donation. That is, all the heritage of those who died, to be transferred to his heirs, there will be mandatory payment of ITCMD, the percentage of 4% (in the State of São Paulo).

For example: The total sum of assets and rights, this venal value, ie sales, market at the time of death of a person is R $ 1,000,000.00. his heirs shall bear R $ 40,000.00 only this tax.

Emoluments registry with records

In addition to all costs exemplified above, there will be costs notary fees for the registration of real estate transfers.

Advocative hours

Whatever the case, judicial or extra-judicial inventory, will be mandatorily the presence of a lawyer. The fees are arbitrated by each professional, but should not be less than the minimum values established by the state Bar Association Subsection where the lawyer works.

The arbitration of the fee depends on the degree of complexity of the case requires, the assets involved, and especially if this will be litigious or consensual. Of course for action in this litigious, the fees will be much higher than for acting in consensus.

It is often tax the fees from 2% to 10% of the equity. In São Paulo, it is recommended by OAB the amount corresponding to 6% of the assets involved.

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