The Short Answer

Usually, you are not personally responsible for a deceased spouse’s unsecured loan or credit card that was solely in their name—those are typically debts of the estate, not the surviving spouse. However, liability can change depending on whether you were a co-signer/joint account holder, whether you receive certain estate assets outside of probate, and whether a creditor can lawfully reach any non-exempt property.

What Florida Law Says

In Florida, unsecured creditors generally must look to the decedent’s estate for payment. If there is little or no probate property available to pay valid claims, those creditors may receive little or nothing. Florida also imposes strict time limits on when claims can be enforced against an estate and, in many situations, against beneficiaries.

If you are considering a small-estate option to avoid “full probate,” it’s important to understand that some shortcuts can create limited personal exposure to the extent you actually receive non-exempt property—which is very different from being automatically responsible for the entire debt.

The Statute

The primary law governing creditor exposure in small estates is Fla. Stat. § 735.304.

This statute allows certain intestate small estates to be handled without formal administration, but it also provides that recipients of the decedent’s personal property can be personally liable for a pro rata share of lawful claims—only up to the value of the non-exempt property they actually received (and it includes creditor-notice requirements and potential attorney’s fees consequences if creditors are not properly addressed).

Separately, Florida sets an outside deadline that can cut off claims: Fla. Stat. § 733.710 generally limits liability for claims against an estate and beneficiaries after 2 years from death (with important exceptions).

For more background on related issues, you may also want to read: joint accounts and credit card debt after a spouse dies in Florida and transferring a deceased spouse’s vehicle title in Florida.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation (jointly titled home, a vehicle titled only in the decedent’s name, and unsecured debts) is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida has a hard 2-year limitation that can bar many claims, but the timing and exceptions matter. See Fla. Stat. § 733.710.
• Burden of Proof: Creditors may claim you are liable because you were a co-obligor, a joint account holder, or because payments were made from a shared account—sorting that out requires reviewing the actual loan/credit card documents and account history.
• Exceptions and “Small Estate” Traps: Using a disposition-without-administration approach can be helpful, but it can also create limited personal liability to the extent you receive non-exempt personal property, and it includes creditor-notice requirements. See Fla. Stat. § 735.304.

Trying to handle this alone can lead to avoidable liability (for example, distributing the wrong asset the wrong way, or responding incorrectly to creditor demands) or delays when you need to retitle property and move forward.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened probate attorney in Florida to discuss your specific facts and options—especially if you’re trying to avoid full probate while selling a jointly titled home and retitling a vehicle.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.