Florida Debt & Credit Card Survivor Liability

In Florida, a decedent's credit card debts cannot be passed on to his surviving spouse, relatives, heirs or beneficiaries. All of his debt is paid during the probate process using estate assets, and if all assets must be used to pay off the debt there may be nothing left to distribute to heirs and beneficiaries. His heirs will not inherit the credit card debt regardless.

Probate Assets

When a decedent owned property and assets before she passed away, a probate court process must be opened by her estate executor after her death. The probate process is designed to inventory all assets including insurance, bank accounts, real estate and investment accounts; calculate the current value of the assets; inventory all valid debts and claims the decedent left behind and pay off all debts using the estate assets.

Debts Paid First

In the state of Florida all valid debts and claims against an estate must be paid before heirs or beneficiaries receive designated assets. Estate assets must cover funeral expenses, outstanding recent medical care, probate administration and court costs and any other secured or unsecured debts such as outstanding car loans or credit card balances.

Remaining Assets

Once the estate pays all outstanding debts in full, remaining assets must be distributed according to the terms of the decedent's will. If the decedent did not leave a will, the probate court judge or estate executor will distribute remaining assets to heirs and beneficiaries according to the terms of Florida law.

Insolvent Estates

When a decedent did not own real property or other assets, or the estate does not have enough value in its assets to pay off all outstanding debts, the probate court declares the estate insolvent. When an estate is declared insolvent, the executor must sell any assets the estate has available so that some of the outstanding debts can be paid. Florida law designates what order debts get paid in. When there are no further funds or assets for the estate, any remaining unpaid debts must be written off by the creditor.