In short: Generally, no. In Florida you don’t inherit a parent’s or spouse’s debts unless you co-signed, guaranteed, or are otherwise personally obligated. The debts are paid from the estate’s non-exempt assets in the order set by § 733.707, and certain property (like protected homestead, exempt property, and most life insurance paid to a named beneficiary) is shielded. If the estate runs out of money, unpaid creditors generally lose.
“Do I inherit my parents’ debt?” is one of the most searched probate questions in Florida. Matt’s short answer: no, not unless you signed on the bottom line. The longer answer matters, because the estate still has to deal with those debts before anyone inherits.
You Aren’t Liable for Debts You Didn’t Sign
Children, spouses, and other heirs are not personally liable for a decedent’s debts just because they’re family. Liability comes from signing: as a co-borrower, a guarantor, or a joint account holder. Matt’s practical tip: check your own credit report. If the debt shows up there, you may be on it.
The big exception is secured debt. A spouse who joined the mortgage but didn’t sign the note isn’t personally liable for the loan, but the mortgage still sits on the house, and the lender can foreclose. See foreclosure after the borrower dies.
The Estate Pays First, in a Set Order
Debts are paid from the estate’s non-exempt assets, in the order set by § 733.707(1):
- Costs of administration, including attorney and PR fees
- Funeral and burial expenses, up to $6,000
- Debts with federal preference, certain state claims, and Medicaid estate recovery
- Medical and hospital expenses of the last 60 days
- Family allowance
- Child support arrearages
- Debts from continuing the decedent’s business, limited to that business’s assets
- All other claims, including judgments
Matt’s aside in the video: lawyers wrote the rules, so lawyers are first in line.
What Creditors Can’t Reach
- Protected homestead passes to the heirs, not through the estate, and isn’t available to general creditors. See homestead rights.
- Exempt property under § 732.402: household furniture and appliances up to $20,000 net value, two vehicles, and § 529 college savings plans, among others.
- Family allowance of up to $18,000 (§ 732.403).
- Life insurance paid to a named beneficiary is exempt from the insured’s creditors (§ 222.13). Proceeds payable to the estate are not.
Creditors Have Deadlines
- 3 months after first publication of the notice to creditors, or 30 days after service on a known creditor, whichever is later (§ 733.702).
- 2 years after death, claims are generally barred, whether or not probate was ever opened (§ 733.710).
The PR must make a diligent search for and serve known creditors. A PR who skips that step can face a reopened estate later. See creditor deadlines.
When You’re the Creditor
If someone owes you money and is sick or has died, Matt’s advice is to protect yourself: file a caveat as a creditor so you get notice when the estate opens, then file your claim within the deadline. An oral agreement can still be enforceable in probate, but you’ll have to prove it.
Insolvent Estates
If the debts exceed the assets, the PR pays by class, and lower classes may get nothing. Sometimes, Matt says, there is no reason to open an estate at all. That decision needs a careful look at what’s exempt, what passes outside probate, and what creditors can actually reach.
Forgiven Debt and the IRS
A creditor that writes off a decedent’s debt may issue a Form 1099-C. That’s a tax reporting question for the estate, not a personal debt of the heirs. Get tax advice before assuming it creates anything owed.
Watch: the videos behind this article
Do You Inherit Debt After Death in Florida Probate?
Do You Inherit Debt in Florida Probate?
What Happens If a Florida Estate Cannot Pay Its Debts? (Insolvent Estates Explained)
HELP — A Dead Guy Owes Me Money! Creditor Claims in Florida Estates
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
Does Florida’s Probate Deadline Bar a Car Crash Lawsuit Against an Estate? | SC21-1255
Go Deeper
- Florida Probate Deadlines & Creditor Claims Checklist
- Florida Probate Creditor Deadlines (§§ 733.702, 733.710)
- Foreclosure After the Borrower Dies in Florida
- Surviving Spouse Homestead Rights in Florida
Frequently Asked Questions
Am I responsible for my parent’s debt after they die in Florida?
Not personally, unless you signed for it as a co-borrower or guarantor, or the debt is otherwise yours. The estate’s non-exempt assets pay valid debts. If they aren’t enough, the creditors generally go unpaid.
Is a spouse responsible for the other spouse’s debt in Florida?
Generally not, unless the spouse signed for it. A mortgage is different: the debt stays secured by the house, so the lender can foreclose even if the surviving spouse didn’t sign the note.
In what order are debts paid in Florida probate?
Section 733.707(1) sets the order: administration costs and attorney and PR fees; funeral expenses up to $6,000; certain federal and state claims including Medicaid; medical expenses of the last 60 days; family allowance; child support arrears; business debts; then all other claims.
Can creditors collect after two years in Florida?
Generally no. Under § 733.710, two years after death, the estate, the personal representative, and the beneficiaries are not liable for claims against the decedent, with exceptions for timely filed claims still pending and for recorded mortgages and security interests.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
