The Short Answer

In Florida probate, estate funds generally must be used to pay valid administration expenses and the decedent’s enforceable obligations before beneficiaries receive distributions. Florida law also sets a strict priority order—so even “legitimate” bills may have to wait until higher-priority items are paid first.

What Florida Law Says

Florida’s Probate Code requires the personal representative (executor) to pay estate expenses and obligations in a specific statutory order. In practice, this usually includes probate administration costs (court costs and required filings), reasonable compensation for the personal representative and the estate’s attorney, and then other categories like funeral expenses (subject to a cap), certain taxes, and final medical bills—before any remaining balance is distributed to beneficiaries.

The Statute

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

This statute establishes the order of payment for estate expenses and obligations, starting with costs/expenses of administration and compensation, then funeral and burial expenses (generally capped at $6,000), followed by other priority categories (including certain federal-priority debts/taxes, last-illness medical expenses for a limited period, family allowance, child support arrears, certain business-continuation debts, and then all other claims).

Related timing rules can also affect what gets paid and when, including limitations on paying claims too early in the creditor period. See Fla. Stat. § 733.705.

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: Florida’s creditor-claims process and payment timing rules can limit when certain debts should be paid and when distributions are safe (see, e.g., the payment/objection framework in Fla. Stat. § 733.705).
• Burden of Proof: If a beneficiary challenges a payment, the personal representative may need documentation showing the expense was legitimate, necessary, and properly prioritized (receipts, invoices, engagement letters, court filings, etc.).
• Exceptions and Priority Disputes: Not every bill is an “administration expense,” and misclassifying a payment (or paying the right item at the wrong time) can trigger objections, surcharge claims, or personal liability—especially if the estate may be insolvent or there are disputes among beneficiaries.

Because distributions made too early can be hard to claw back, it’s smart to have a Florida probate attorney review the estate’s expenses, creditor exposure, and the correct statutory priority before money goes out.

If you want more background, you may also find these helpful: What counts as an estate expense and how an executor can get reimbursed in Florida, and who pays the mortgage and utilities during Florida probate.

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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.