What Happens to Credit Card Debit When Someone Dies in North Carolina? - Florida
The Short Answer
In Florida, a deceased person’s credit card debt is generally paid (if at all) from the person’s probate estate—not automatically by family members. However, creditors must follow Florida probate claim rules and strict deadlines, or the debt can be barred.
What Florida Law Says
Credit card debt is typically an unsecured claim. That means the card issuer usually must pursue payment through the estate administration process, and payment depends on whether the estate has assets available after higher-priority expenses are handled. Florida also imposes short claim-filing windows once a probate case is opened and notice to creditors is published/served.
The Statute
The primary law governing this issue is Fla. Stat. § 733.702.
This statute establishes that most pre-death claims (including unsecured debts like credit cards) are not binding on the estate unless the creditor files a claim in the probate proceeding within the required time period (commonly tied to notice to creditors deadlines).
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 has a short claims window after notice to creditors, and there is also a hard outer limit on estate liability for claims. See Fla. Stat. § 733.710.
- Burden of Proof: The creditor must properly present the claim, and the estate may have defenses (including whether the claim was timely and properly filed).
- Exceptions: Liability can change if someone is a joint account holder, a co-signer, or if there are issues about what assets are probate vs. non-probate (which affects what a creditor can realistically reach).
Trying to handle this alone can lead to paying a debt that may be time-barred, mishandling creditor notices, or creating personal risk for the personal representative.
If you want more background reading, see: How Are Creditor Claims Handled in a Florida Estate (and What Do They Mean)? and What Happens to Joint Bank Accounts and Credit Card Debt After a Spouse Dies in Florida?.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.