What happens to debts in an intestate estate?

In the state of Florida, when a person dies without a will (intestate), the assets of the deceased person are handled according to the laws of intestate succession. The Florida intestate succession law is very specific about how debts should be handled. When a person dies intestate, any debt that they had will first be paid out of their estate. This includes any mortgages, unpaid bills, taxes, or other debts owed. These debts will be paid out in the following order: 1) Funeral and burial costs, 2) To any surviving spouse or minor children the deceased person legally obligated to support, 3) To creditors, and 4) To any remaining heirs or beneficiaries. Funds used to pay the debts will come from the estate’s assets, such as cash, property, or any other types of holdings the deceased person may have owned. If the estate does not have enough funds to pay off the debts, they will not be paid and the creditors will not be able to seek repayment from heirs and beneficiaries. If the estate has more debts than assets, the remaining debts will be discharged. This means that the creditors will not be able to seek repayment from any of the heirs or beneficiaries, and their debts will be forgiven by law. In some cases, however, creditors may be able to seek repayment from certain heirs or beneficiaries if they can show that the deceased person was using their assets to make payments to the creditors. Overall, when a person dies without a will, their debts must be paid out of their estate. If the estate does not have enough assets, the remaining debts will simply be discharged.

What happens to debts in an intestate estate?

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