The Short Answer

In a Florida probate estate, the personal representative should keep clear, court-auditable proof of every payment made (to heirs, creditors, and service providers) because the court can require an accounting and supporting documentation. Proper receipts and records are also critical to show payments were made in the correct priority and to protect the personal representative from objections or personal liability.

What Florida Law Says

Florida probate administration requires the personal representative to pay estate expenses and obligations in a legally required order of priority. That priority affects what gets paid first (administration expenses, funeral expenses, taxes, medical bills, etc.) and can become a major issue if the estate does not have enough funds to pay everything. Because distributions to heirs typically come after valid expenses and claims are addressed, documentation (invoices, receipts, canceled checks, bank statements, and written acknowledgments of distribution) is often the difference between a smooth closing and a contested accounting.

The Statute

The primary law governing this issue is Fla. Stat. § 733.707.

This statute establishes that the personal representative must pay estate expenses and obligations in a specific order of priority, which directly impacts whether a payment was proper and whether a distribution to heirs was premature.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration runs on court and creditor-claim timelines, and mistakes can surface when the estate is closing or an accounting is challenged—often when it is hardest to fix missing documentation.
• Burden of Proof: If an heir objects, the personal representative may need to prove a payment was an estate obligation, was reasonable, and was paid in the correct priority—using reliable supporting records.
• Exceptions: Disputes commonly arise over whether something is an “expense of administration,” whether a bill is a valid claim, whether a payment benefited the estate, or whether a distribution should be clawed back if higher-priority obligations were missed.

Trying to handle this alone can lead to objections, surcharge claims against the personal representative, or delays in closing the estate. A probate attorney can help set up documentation practices that match what Florida probate courts expect and reduce the risk of personal exposure.

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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.