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Debts of Deceased Individuals Do Not Automatically Disappear. The Estate Must Settle Them Before Distribution, and Heirs Only Bear Responsibility Up to the Inherited Limit
When someone passes away, a common question arises among family members: who pays the debts left behind? According to information from gov.br, the Federal Senate, and public agencies, the answer involves the estate and the heirs. There is no automatic transfer of debts, but rather a process regulated by law.
The Role of the Estate
The estate, which encompasses all the deceased’s assets, is directly responsible for paying the debts. Before any distribution, this set of assets must settle the existing debts.
The Civil Code, art. 1,997 (Law 10,406/2002), clearly states that the inheritance is liable for paying the debts of the deceased.
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Therefore, heirs only assume responsibilities after the distribution and only in proportion to what they inherited.
Payroll Loans
Another point that raises many questions is the payroll loan. Previously, legislation provided for automatic settlement upon the debtor’s death.
This rule has been revoked. Today, the debt continues to exist and needs to be paid by the estate. Additionally, a decision from the TRF-1 reinforced that the estate — and consequently the heirs — must bear the debt, but always limited to the inherited assets.
Tax Debts and Installments
Regarding taxes, there is the possibility of installment payment even after death.
Debts related to the Tax on Transmission of Cause Mortis and Donation (ITCMD) can be negotiated by executors or heirs, as long as they present the required documentation.
This ensures the regularization of fiscal status and the continuity of the probate process.
Undue Payments and Deceased Public Servants
When there is an undue payment made after the death of a public servant, a refund must also be made. The responsibility lies with the estate. Or, if the probate has already been concluded, it lies with the necessary heirs, always within the limits of the inheritance.
However, if third parties or heirs have directly withdrawn the funds after the death, the collection should be directed to those who received the amounts improperly.
Residual Social Security Benefits
In addition to debts, there is the issue of social security benefits. Dependents or heirs can request residual amounts, such as salary portions due until the date of death or proportional thirteenth salary.
The request can be made through Meu INSS or by calling Central 135. If there are no dependents entitled to the pension, it will be necessary to present a judicial warrant or public deed of distribution.
Debts After the Debtor’s Death: Final Summary
In summary, debts do not disappear after death. They must be paid from the assets left behind, respecting the limits of the estate.
Heirs only assume responsibilities if they inherit part of the estate. Payroll loans remain valid. Tax debts can be paid in installments.
Amounts paid unduly must be refunded. And residual social security benefits can be claimed by those entitled, always upon verification.
Parece que faltou falar claramente que se o devedor não deixar bens, o credor perdeu. Se os transferiu todos antes da morte, restará ao credor o caminho judicial e provavelmente este morrerá antes do desfecho.