Assignment of Hereditary Rights: Rules & Usufruct
The assignment of hereditary rights requires a public deed at a notary office and permits establishing usufruct and restrictive clauses when executed gratuitously.
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Por Equipe cartorIA — Redação jurídica assistida por IA · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notary law (Direito Notarial Brasileiro).
This article answers
- What is an assignment of hereditary rights and how does it work at a notary office?
- Does an assignment of hereditary rights require a public deed at a notary office?
- Is it possible to reserve usufruct in an assignment of hereditary rights?
- Which restrictive clauses can be inserted in a gratuitous assignment of inheritance?
- What is the difference between an assignment of inheritance and a donation of assets?
Summary
- The assignment of hereditary rights (cessão de direitos hereditários) is the notarial act by which an heir transfers their share of an inheritance before probate (inventário) is completed.
- The transfer can be onerous (onerosa — paid) or gratuitous (gratuita — without consideration), and must be executed by public deed (escritura pública) at a notary office (tabelionato de notas).
- It is legally permissible to reserve usufruct (usufruto — right of use and fruits) or impose restrictive clauses of inalienability (inalienabilidade), non-community (incomunicabilidade), and unseizability (impenhorabilidade) when the transfer is gratuitous.
- The assignment covers an undivided fraction of the deceased person's estate, rather than a specific individualized asset, unless authorized by court order or agreed upon by all heirs during partition.
FAQ
What is an assignment of hereditary rights and how does it work at a notary office?
An assignment of hereditary rights is a legal transaction by which an heir transfers their share of an inherited estate to another person. The act is formalized via a public deed drawn up at a notary office (tabelionato de notas) prior to the completion of probate partition.
Does an assignment of hereditary rights require a public deed at a notary office?
Yes. Transferring hereditary rights strictly requires a public deed to take legal effect, as the right to an opened succession is legally classified as real property for formal legal purposes.
Is it possible to reserve usufruct in an assignment of hereditary rights?
Yes. An heir can assign bare ownership (ownership without direct possession) of their inherited share while reserving usufruct (the right to use and enjoy fruits) for themselves or third parties during partition.