The Short Answer

In Florida, a homeowner’s death and an open probate case usually do not automatically stop a mortgage lender from moving forward with foreclosure. Heirs often need a probate attorney to quickly coordinate with the personal representative (or get one appointed) and address the lender’s rights before a sale date is set.

What Florida Law Says

Florida probate law recognizes that creditors’ claims against an estate have deadlines, but it also makes clear that a recorded mortgage lien generally survives death and can still be enforced against the property. That means “we’re in probate” is not, by itself, a legal shield against foreclosure—especially if payments are delinquent and the lender is enforcing its lien rights.

The Statute

The primary law governing this issue is Fla. Stat. § 733.710.

This statute establishes a 2-year limitation on many claims against estates, but it also states that it does not affect the lien of a duly recorded mortgage or the right to foreclose and enforce that mortgage. In other words, the lender may still foreclose against the property even while probate is pending.

Separately, Florida law gives the personal representative broad authority over estate assets (with important exceptions, including protected homestead) to address debts and administration issues. See Fla. Stat. § 733.608.

If you want more background reading, see: Can I stop a foreclosure sale of estate property in Florida until the heirs are determined? and What happens to a mortgaged home in Florida probate if the heirs won’t pay the mortgage or buy each other out?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to an inherited home in foreclosure is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Foreclosure timelines can move faster than probate. And Florida’s probate creditor deadlines and bars can be unforgiving (see, e.g., Fla. Stat. §§ 733.702 and 733.710), while still allowing mortgage foreclosure to proceed.
• Burden of Proof: If you’re asking a court for relief related to a foreclosure (or disputing amounts, notice, standing, or loss-mitigation issues), you need the right evidence and properly filed pleadings—mistakes can waive defenses.
• Exceptions: Whether the property is protected homestead, who has authority to act (heirs vs. personal representative), and whether there are multiple heirs who disagree can drastically change what options are realistically available.

Trying to handle this alone can lead to missed hearings, improper filings, or a foreclosure judgment before the estate is even organized. A Florida probate attorney can coordinate the probate administration with the foreclosure posture so you don’t lose the property (or lose leverage) unnecessarily.

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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.