Detailed answer — How reimbursement works under Florida law

This answer assumes you have no attorney yet and starts from the basics.

Who can seek reimbursement?

There are three common situations:

• Someone serving as the personal representative (PR) of the estate paid the mortgage.
• An heir, devisee, creditor, or third party (for example, a family member) paid the mortgage to stop foreclosure or protect the property.
• A lender or other creditor made payments to protect its security interest.

Each situation is treated differently under Florida probate practice.

If the personal representative paid the mortgage

A personal representative generally has authority to preserve estate property and to pay expenses of administration when necessary. Reasonable mortgage payments made to keep estate property from being lost through foreclosure or to maintain the asset are typically treated as an expense of administration. Those expenses are payable from the estate, subject to the priority rules that apply in probate.

To be paid from the estate the PR should:

• Document payments precisely (copies of canceled checks, bank statements, escrow invoices).
• List the payments on the estate accounting and ask the probate court to approve payment if required by the court.

If an heir, family member, or other third party paid the mortgage

If a person other than the PR makes mortgage payments to preserve estate property, that person may be able to recover those payments from the estate in several ways, depending on the facts:

• Claim for reimbursement as a creditor or as an administrative expense. The person can present a claim to the personal representative and ask the PR to allow it as an expense of administration.
• Request court approval. If the PR denies the claim, the payor can file a petition in the probate court asking the judge to approve reimbursement as a proper expense, to order payment out of available estate funds, or to impose an equitable lien or charge on the property to secure repayment.
• Equitable remedies. In some cases the courts allow equitable remedies such as subrogation to the mortgage or an equitable lien if the payment prevented loss to the estate or preserved value for heirs. Recovery often turns on whether the payments were necessary, whether the estate benefited, and whether the payor acted reasonably and in good faith.

Special rules for homestead property

Florida homestead law provides strong protections for a decedent’s homestead, and those protections can affect whether a mortgage payment will be reimbursed or whether creditors can reach the property. Homestead property may not be subject to forced sale for certain debts of the decedent, and homestead transfers at death are governed by unique rules. Because homestead status changes remedies and priorities, get an attorney to evaluate whether homestead law affects your right to reimbursement. See the Florida Constitution for homestead protections: Florida Constitution.

Practical legal standards Florida courts consider

Although outcomes depend on facts and court discretion, Florida courts commonly look at:

• Whether the payments were necessary to prevent immediate loss (for example, to stop foreclosure).
• Whether the estate benefitted (the payments preserved value rather than creating waste).
• Whether the payor gave notice to the PR and sought court approval or at least informed interested parties.
• Whether the payor had an alternative remedy (for example, becoming subrogated to a mortgage or securing a written agreement).

How the reimbursement is paid

If the probate court approves reimbursement, the payment typically comes from estate funds or from the proceeds of property sale. In some cases a court will allow the payor to have an equitable lien or charge against the property so the payor is repaid from sale proceeds before distribution to heirs. The specific route depends on estate assets, creditors’ priorities, and whether the PR objects.

Statutes and where to look

Florida’s probate statutes set out the personal representative’s duties, authority to preserve estate property, and general claims procedures; those rules can be found in Chapter 733 of the Florida Statutes. For procedural and administrative rules consult the Florida Probate Code: Florida Statutes, Chapter 733 — Administration of Estates. For homestead protections see the Florida Constitution at www.flsenate.gov/Laws/Constitution.

Typical steps to try to get reimbursed

1. Gather documentation: copies of mortgage statements, receipts, cancelled checks, bank statements, proof of payments, and communications with the mortgage company and the personal representative.
2. Notify the personal representative in writing and present a written claim for reimbursement with supporting documents.
3. If the PR refuses or does not respond, file a petition in the probate court asking the judge to allow reimbursement as an administration expense or to impose an equitable lien on the property.
4. If necessary, ask for interim relief (for example, a court order recognizing your lien or ordering temporary payment) — especially if foreclosure is imminent.
5. If you are the personal representative, include the payments in the estate accounting and seek court approval as part of the administration process.

When reimbursement may be denied

Reimbursement can be denied if payments were not reasonable or necessary, if they created waste (for example, excessive payments when sale would have been better), if the payor acted without notice to the PR and prejudiced interested parties, or if homestead or creditor-priority rules prevent payment from estate assets.

Bottom line

You may be entitled to reimbursement for mortgage payments you made to preserve estate property, but success depends on who paid, whether the payments were necessary and reasonable, whether you followed probate procedure (presenting a claim or getting court approval), and whether homestead or creditor-priority rules limit recovery. The common path is to present a written claim to the personal representative and, if needed, file a probate petition asking the court to allow reimbursement or to impose an equitable charge on the property.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Florida probate attorney.

Helpful Hints — Practical steps to protect your right to reimbursement

• Document everything: keep originals and copies of payments, bank statements, emails, and mortgage-company communications.
• Notify the personal representative quickly and put your reimbursement request in writing with supporting documents.
• If foreclosure is imminent, ask the probate court for expedited relief — delaying can eliminate your remedy.
• Ask the personal representative to get court approval before making or accepting large preservation payments.
• Consider getting a written agreement before you make payments in the future that spells out repayment or lien rights.
• Check whether the property might be homestead — that status materially affects remedies and priorities.
• If the PR denies your claim, you can file a petition in probate court to have the judge decide whether the payment was a proper administration expense or whether to grant an equitable lien or subrogation.
• Talk to a Florida probate attorney when large sums are involved — probate rules and creditor priorities are technical and time-sensitive.
• Keep deadlines in mind — probate claim and contest rules can be strict; present your claim promptly even if you then pursue court approval.