Probate and the Decedent’s Debts: A Boca Raton Family’s Plain-English Guide

When a family member passes away in Boca Raton, one of the first worries we hear is simple: “Am I going to inherit their debts?” The short answer for most relatives is no. In Florida, debts are paid from the estate, not from your personal pocket. But how that happens is governed by the Florida Probate Code (Chapters 731-735), and the rules have real teeth. Here is what first-time personal representatives need to know.

Debts Are Paid by the Estate, Not the Heirs

When someone dies, their assets (and obligations) form an estate. The personal representative’s job is to gather assets, notify creditors, pay valid claims in the order Florida law requires, and then distribute what is left. Heirs generally do not become personally liable just because they are named in a will. The exception is debt you already co-signed or jointly owe, such as a joint credit card or a mortgage you share on a Palm Beach County condo.

The Creditor Claim Window

Florida runs probate creditors on a clock. The personal representative must publish a Notice to Creditors and serve known or reasonably ascertainable creditors directly. Under section 733.702, most creditors must file a claim within three months of the first publication, or 30 days after being served, whichever is later. Claims filed late are generally barred. Section 733.710 adds a hard outer limit: two years after death, after which most claims are cut off entirely, even unknown ones. This is one reason families in Boca Raton sometimes wait before fully distributing an estate.

Florida Homestead: A Powerful Shield

Florida’s homestead protection under Article X, Section 4 of the state constitution is one of the strongest in the country. A decedent’s protected homestead generally passes to a surviving spouse or heirs free of most creditor claims. So the family home in a neighborhood like Boca Pointe or Royal Palm often passes outside the reach of ordinary creditors. Homestead law is technical, and whether a property qualifies depends on residency and how title and beneficiaries line up, so this is worth confirming with counsel.

What Gets Paid First

Estates do not always have enough to pay everyone. Florida sets a priority order in section 733.707. Costs of administration and reasonable funeral expenses come early, followed by certain taxes and debts owed to the federal and state government, then medical expenses of the last illness, and so on, with general creditors near the end. A good thing to remember: Florida has no state estate tax and no inheritance tax, so heirs are not taxed by the state simply for inheriting.

What About Insolvent Estates?

If the estate cannot cover all valid claims, lower-priority creditors may receive partial payment or nothing. The personal representative should not pay claims out of order, because paying a low-priority creditor ahead of a higher one can create personal exposure. When the numbers are tight, get advice before writing checks.

Talk to a Florida Probate Attorney

Sorting out debts, creditor deadlines, and homestead protection is where Boca Raton families most often slip up, and mistakes can be costly. Because every estate is different, this article is general information, not legal advice. Before you publish notices, pay claims, or distribute property, consult a licensed Florida probate attorney who can apply these rules to your situation.