The Short Answer

In Florida, an SBA loan (and most other business debts) generally becomes a claim against the deceased borrower’s estate, not an automatic personal debt of the surviving spouse—unless the spouse also signed for the debt (as a co-borrower/guarantor) or is otherwise legally obligated on the contract.

When there is no will, the surviving spouse may inherit some or all of the probate estate under Florida’s intestacy rules, but what the spouse receives can be reduced if the estate must pay valid creditor claims first.

What Florida Law Says

When someone dies without a will, Florida law determines who inherits the decedent’s probate assets (the “intestate estate”). Separately, Florida probate law provides a structured process for creditors to assert claims and for the estate to pay expenses and debts in a statutory order of priority. In practice, that means business debts like SBA loans are typically addressed through the probate creditor-claims process and paid from estate assets (if available), before heirs receive distributions.

The Statute

The primary law governing a surviving spouse’s inheritance when there is no will is Fla. Stat. § 732.102.

This statute establishes the surviving spouse’s share of the intestate estate (often all of it in common family situations, but sometimes only one-half if the decedent has descendants from another relationship).

On the debt side, Florida law also sets out how creditor claims are handled and paid in probate, including the priority of payment. See Fla. Stat. § 733.707 (order of payment of expenses and obligations) and the creditor-notice framework in Fla. Stat. § 733.2121.

Why You Should Speak with an Attorney

While the statutes provide the general framework, SBA loans and business debts can create serious risk for a surviving spouse depending on how the loan was structured, how assets were titled, and whether the spouse signed anything. Legal outcomes often depend on:

• Strict Deadlines: Probate creditor claims are time-sensitive, and the estate must follow Florida’s notice/claims process (including publication and service requirements) under Fla. Stat. § 733.2121, which can affect whether claims are enforceable and when distributions can safely be made.
• Burden of Proof: Whether the spouse has personal liability often turns on documents—e.g., a personal guaranty, co-borrower signature, security agreements, or whether the debt is tied to specific collateral.
• Exceptions and Asset-Titling Issues: Some property may pass outside probate (and may or may not be reachable by creditors depending on the asset and facts). Also, Florida’s payment priority rules under Fla. Stat. § 733.707 can change what heirs ultimately receive if the estate is insolvent or has multiple competing claims.

Trying to handle this alone can lead to avoidable personal exposure (for example, inadvertently acknowledging a debt, mishandling creditor communications, or distributing assets too early). A Florida probate attorney can review the SBA loan file, confirm whether the spouse has any contractual liability, and guide the estate through the creditor-claims process to reduce risk.

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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.