Recently, the 3rd Panel of the Superior Court of Justice (STJ), in Special Appeal No. REsp 2.042.040 – SP, handed down a decision of great relevance to heirs in probate proceedings, establishing that they are not personally liable for the deceased’s debts until the probate is concluded and the assets are divided.
The decision brings a new perspective on the administration of debts and assets during the succession process, providing greater legal certainty for heirs. It also reflects an important understanding: the deceased’s assets are not immediately communicated with those of the heirs, but must first go through the probate process.
During this period, it is the estate – and not the individual heirs – that is responsible for the deceased’s obligations. This is crucial for heirs who often find themselves under pressure from creditors before they even have access to the inherited assets.
For heirs, the decision offers significant relief, especially in inventories with a considerable volume of debts. Knowing that they will not be held personally responsible for these debts until the inventory is duly concluded and the division is carried out allows them to plan better financially and make safer, more informed decisions during the succession process.
In the national legal context, this decision by the STJ is in line with a trend to protect heirs from premature liability until the division of assets has been formally carried out. Courts in other instances and regions of the country may be guided by this precedent, promoting greater uniformity in case law relating to the liability of heirs for the deceased’s debts.
National case law is still uncertain, and often makes decisions authorizing the attachment of heirs’ personal assets for the deceased’s debts even before the final distribution of inherited assets. This STJ decision therefore strengthens legal certainty in inheritance law, providing a more balanced environment for heirs and creditors.
