The Short Answer

In many Florida situations, you can keep making mortgage payments after a parent dies to prevent default and foreclosure—but that does not automatically make you the borrower or give you ownership of the home. Whether those payments are treated as an estate expense, a reimbursable advance, or simply a voluntary payment depends on who owns the property now (for example, protected homestead vs. probate asset) and who has legal authority to act for the estate.

What Florida Law Says

Florida probate law generally puts the responsibility for handling estate assets and paying estate obligations on the personal representative (the court-appointed person in charge of the estate). Real estate is often an “asset in the hands of the personal representative” for paying claims and administration expenses—except when the property is protected homestead, which is treated differently.

The Statute

The primary law governing this issue is Fla. Stat. § 733.608.

This statute establishes that, in general, a decedent’s property (other than protected homestead) is an estate asset in the personal representative’s hands for paying claims and expenses, and it also authorizes limited steps to preserve and protect property that appears to be protected homestead.

If the home is (or may be) protected homestead, the personal representative may take limited actions to preserve it, and Florida law also addresses reimbursement concepts when funds are spent to preserve/maintain/protect homestead property. If the home is not protected homestead, it is more likely to be treated as a probate asset that the personal representative manages for payment of estate obligations and distribution.

For a deeper explanation of how this plays out with inherited homes, see: Who has to pay the mortgage and utilities on an inherited home during probate in Florida? and Why isn’t an inherited house a probate asset in Florida, and can I pay the mortgage without the administrator?.

Why You Should Speak with an Attorney

While the general idea (keep the loan current to avoid foreclosure) sounds straightforward, applying Florida probate and homestead rules to your specific facts is rarely simple. Legal outcomes often depend on:

• Authority and documentation: The lender may accept payments, but only the personal representative (or the legal owner/heir, depending on homestead/title) typically has authority to negotiate, sell, or make binding decisions for the estate.
• Homestead vs. probate asset: Whether the home is protected homestead can change whether it is administered in probate and how expenses and reimbursements are handled under Fla. Stat. § 733.608.
• Reimbursement and fairness issues: If you pay the mortgage from your own funds, disputes can arise later about whether you should be reimbursed, whether it was a “gift,” or whether it should be credited against your inheritance—especially if there are multiple heirs.

Trying to handle this alone can lead to avoidable conflict with other beneficiaries, problems clearing title, or a foreclosure timeline that moves faster than the probate process.

Get Connected with a Florida Attorney

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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.