The head of the household is responsible for the administration of an estate during the inventory process until the distribution of assets. This role is regulated under Article 2080 of the Civil Code, which outlines a preferential order for appointment.
The selection adheres to a legal hierarchy unless the heirs agree otherwise. The order is as follows: a) the surviving spouse, not legally separated, who is an heir or has a share in the couple’s assets; b) the executor, unless the testator states otherwise; c) relatives who are legal heirs; d) testamentary heirs.
Among relatives who are legal heirs, preference is given to those closest in relation. Within heirs of the same degree or testamentary heirs, preference is given to those who lived with the deceased for at least a year before death. In equal circumstances, the oldest heir is preferred.
If there is no agreement among the heirs, the court may intervene to appoint the head of the household, considering the effective management of the estate.
Regarding the possibility of refusing the position, it is indeed possible to do so. Under Article 2085 of the Civil Code, grounds for refusal include being over seventy years old, having a medical condition that hinders performance, or if the role conflicts with a public office held.
The refusal must be communicated to the court or the notary overseeing the inventory process, who will then appoint another head of the household in accordance with legal order or the consensus of the interested parties.
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Dantas Rodrigues has been a lawyer since 1993 and is a partner at Dantas Rodrigues & Associados. He has also been a professor of Law in Higher Education since 1995.
