Although you must still prove yourself that the debt exceeds the assets, this can get very problematic in some cases (like I guy I know that AFTER he died, people found out that beside his official wife and his 2 previous divorced wives, he also had 5 other "marriages", and the 7 women did not knew each other, he had children with all of them, and each one thought he owned a different business... this case is still in inventary hell, but last I heard of it, they concluded each child will inherit 10 million BRL each plus lands... but they don't started yet counting the debts... also, all of the women were correct, he never lied about what he owned, only he never presented anyone with the full truth, to each one he presented himself owning a different business he really owned, I wonder how the guy pulled that off)