The Short Answer

In Florida probate, the mortgage and utilities on an inherited home are typically handled as estate administration expenses (or secured debt issues) that the personal representative manages using estate funds—not automatically out of an heir’s pocket. However, whether payments should continue (and who ultimately bears the cost) can depend on factors like homestead status, whether anyone is living in the home, and whether the lender is being paid to avoid default.

What Florida Law Says

Florida law generally puts the responsibility for managing estate property on the personal representative, who must administer the estate in the best interests of interested persons (including creditors). During administration, it is common for the estate to pay necessary carrying costs (like utilities, insurance, and certain property-related expenses) to preserve value and avoid waste—especially if the property may be sold or needs to be maintained while ownership is being determined.

The Statute

The primary law governing how estate obligations and administration expenses are handled is Fla. Stat. § 733.707.

This statute establishes the order of payment for estate expenses and obligations, placing costs and expenses of administration at the top priority—often the category that includes reasonable costs to preserve estate assets while probate is pending.

In addition, Florida law addresses the personal representative’s authority regarding property that appears to be protected homestead, including the ability (but not always the duty) to take steps to preserve and protect it and potentially seek reimbursement through a lien mechanism. See Fla. Stat. § 733.608.

Why You Should Speak with an Attorney

While the statutes provide the general framework, deciding whether the estate should keep paying the mortgage and utilities (and how to document and allocate those payments) is fact-specific and can create conflict among heirs. Legal outcomes often depend on:

• Strict Priorities for Payments: Florida sets a statutory priority system for paying administration expenses and other obligations. Paying the “wrong” things at the “wrong” time can create disputes or personal representative liability. See Fla. Stat. § 733.707.
• Burden of Proof and Documentation: If someone (an heir or the personal representative) advances money for mortgage, utilities, insurance, repairs, or upkeep, reimbursement and accounting issues can arise—especially if other beneficiaries disagree about necessity or reasonableness.
• Homestead and Occupancy Issues: If the property is (or may be) protected homestead, different rules can apply to possession, preservation expenses, and reimbursement rights. See Fla. Stat. § 733.608.

Because mortgage default, insurance lapses, or misallocated payments can quickly reduce the property’s value (and trigger litigation between heirs), it is usually worth getting probate counsel involved early. For more background, see executor (personal representative) responsibilities during Florida probate and, if a sale is being considered, selling estate real estate without court approval.

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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.