Can heirs withdraw FGTS and PIS/Pasep from a deceased worker?

The heirs of deceased persons are not always clear about what the necessary requirements are for them to have access to the Social Integration Program (PIS), Civil Servant Asset Formation Program (Pasep) and/or the Severance Indemnity Fund (FGTS) of their working relatives who came to death. So, learn all about this topic in this article today.

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Are heirs entitled to these benefits?

According to article 1 of Law nº 6.858/80 and article 666 of the Code of Civil Procedure (CPC), in cases of death of working family members, their heirs or dependents may be entitled to benefits such as FGTS and PIS/Pasep.

In this way, it is possible to redeem all amounts that are related to the Guarantee Fund and PIS/Pasep salary allowance that were not withdrawn by their deceased family members. However, it is mandatory to present some documents for redemption.

What are the necessary documents?

To be entitled to receive the FGTS and PIS/Pasep from their deceased family members, the heirs need to attend the Caixa Econômica Federal closest to their residence. In addition, you must bring the following documents:

• Identity document of the heir;
• Deceased's work card;
• PIS/Pasep/NIS number of the deceased;
• Declaration of dependents entitled to the pension, provided by the Social Security Institution, or court order that indicates the successors of the deceased;
• In cases of minor dependents, it is necessary to present the minor's birth certificate or RG and CPF. Thus, a savings account is opened in his name.

Who is entitled to access this benefit?

• Country;
• Spouse;
• Partner in a stable union;
• Disabled or non-emancipated child under 21 years of age;
• Disabled or non-emancipated sibling under 21 years of age.

It is worth noting that if there is a dependent in one of these categories, dependents in the following categories are not entitled to benefits. That is, if the person who died left a spouse, siblings and parents cannot receive FGTS and PIS/Pasep. However, if there is more than one dependent of the same category (for example, siblings), the benefit amount will be distributed equally among them.