The Short Answer

Usually, if you did not sign (or otherwise guarantee) your late spouse’s disaster recovery promissory note, you are not personally liable for that loan. However, the lender may still be able to pursue repayment from your spouse’s estate, and in some situations may have rights against specific collateral or jointly owned assets.

What Florida Law Says

In Florida, a deceased person’s debts are generally handled through the probate creditor-claims process. That means a lender typically must assert the debt as a claim against the estate within strict deadlines, and payment (if any) is made from estate assets—not automatically from the surviving spouse’s separate assets—unless the surviving spouse is independently obligated (for example, as a co-borrower, guarantor, or joint account holder on the underlying obligation).

The Statute

The primary law governing this issue is Fla. Stat. § 733.702.

This statute establishes that most pre-death debts are not enforceable against the estate (or beneficiaries) unless the creditor timely files a claim in the probate proceeding—generally by the later of 3 months after first publication of the notice to creditors, or 30 days after service of the notice on a creditor who must be served.

Florida also imposes an outside cutoff that can bar claims even if probate is opened later: Fla. Stat. § 733.710 generally limits liability for claims against the decedent to 2 years after death (with narrow exceptions described in the statute).

For a deeper overview of how these deadlines work in real life, see How Are Creditor Claims Handled in a Florida Estate (and What Do They Mean)?.

Why You Should Speak with an Attorney

While the general rule is that you are not personally responsible for a spouse’s loan you didn’t sign, applying that rule to a “disaster recovery loan” can get complicated quickly—especially if the lender is asserting that you benefited from the loan proceeds, that estate assets were mixed with jointly held assets, or that there is collateral securing the debt.

• Strict Deadlines: Creditor claims can be barred if not timely filed under Fla. Stat. § 733.702, and many claims face a 2-year outside limit under Fla. Stat. § 733.710.
• Burden of Proof: A lender may try to document why the estate owes the debt, whether the claim is properly supported, and whether any security interest or lien survives death (which can change the analysis even if you never signed).
• Exceptions and Asset Classification: Outcomes can turn on how assets are titled (individual vs. joint), whether there is collateral, and what property is reachable in probate versus passing outside probate. Some property may be protected from estate claims (for example, certain exempt property), but those protections are fact-specific and time-sensitive under Florida probate rules.

If you are getting collection calls or letters, or you are unsure whether the lender is pursuing you personally versus the estate, an attorney can review the loan documents, the probate status, and the creditor-claim posture to reduce the risk of an avoidable payment or a preventable lawsuit.

Related reading: What Happens to Joint Bank Accounts and Credit Card Debt After a Spouse Dies in Florida? and What Happens to SBA Loans and Business Debts in a Florida Intestate Estate, and Can a Surviving Spouse Be Liable?.

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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.