Insolvent Probate Estate Claim-Payment Priority in Florida

Short answer Florida places estate expenses and obligations in eight payment classes. Administration costs come first, followed by capped funeral expenses, specified preferred public claims, last-illness expenses, family allowance, support arrears, qualifying business-continuation debts, and other claims. If assets run out within a class, that class shares ratably after earlier classes are paid.
State
Florida
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Statutory payment orderEight classes paid in stated order; earlier class before an underfunded later class (§ 733.707(1)–(2)).
Administration costsClass 1: costs, administration expenses, representative compensation and specified attorney fees (§ 733.707(1)(a)).
Funeral and last illnessClass 2 funeral/interment/marker, aggregate $6,000 cap; class 4 necessary medical/hospital expenses of last 60 days; excess class 8 (§ 733.707(1)(b),(d),(h)).
Family and homestead allowancesClass 5 family allowance (§ 733.707(1)(e)).
Taxes and public claimsClass 3: federal-preference debts/taxes, specified statutory claims, state unpaid court costs, fees or fines (§ 733.707(1)(c)).
Secured claimsMortgages, security interests and liens on specific property remain enforceable despite estate execution limits (§ 733.706).
Support and special debtsClass 6 court-ordered child-support arrears; class 7 qualifying postdeath business-continuation debts limited to business assets (§ 733.707(1)(f)–(g)).
General claimsClass 8 other claims, lifetime judgments/decrees and excess over class 2 or 4 limits (§ 733.707(1)(h)).
Underfunded classAfter earlier classes, insufficient assets in the next class are paid ratably by claim amount (§ 733.707(2)).

Requirements one by one

Funeral and last illness

Section 733.707(1) puts reasonable funeral, interment, and grave-marker expenses in class 2, but prefers only an aggregate $6,000. Reasonable and necessary medical and hospital expenses of the decedent's last 60 days of illness fall in class 4. The statute moves any excess over those class limits into class 8.

Secured claims

Section 733.706 generally requires court approval for execution against estate property. Its last sentence expressly preserves enforcement of mortgages, security interests, and liens on specific property; the eight class labels should not be read as erasing that security.

Underfunded class

Fla. Stat. § 733.707(2) requires the representative to pay preceding classes before dividing insufficient assets among creditors of the next class “ratably in proportion to their respective claims.”

What trips people up

A lifetime judgment belongs in class 8 under § 733.707(1)(h); its status as a judgment does not itself move it above the listed classes. Class 7 business debts qualify only when acquired after death through continuation of the decedent's business under the specified provision, and only to the extent of that business's assets.

Common questions

Where does court-ordered child-support arrearage fall? Section 733.707(1)(f) places it in class 6.

Does class 3 decide which federal debts have preference? Section 733.707(1)(c) refers to debts and taxes that have preference under federal law; it does not itself decide which federal claims qualify.

Statutes and sources

  • Fla. Stat. §§ 733.706 and 733.707(1)–(2). Verbatim official text, URL, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Fla. Stat. § 733.706 · accessed 2026-10-05
Fla. Stat. § 733.707(1) · accessed 2026-10-05
Fla. Stat. § 733.707(2) · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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