Detailed Answer
When a parent’s home is sold and creditors are paid, whether any leftover money is distributed according to the deceased parent’s will depends on how title to the home was held, whether the property had special protections (like homestead), and whether the sale and payment of debts occurred through probate (court-supervised estate administration) or outside probate.
1. Probate vs. nonprobate assets
Only assets that are part of the probate estate are distributed under a will. Common nonprobate ways to hold property that bypass probate include:
- Joint tenancy or tenancy by the entirety with right of survivorship — the surviving co-owner usually takes the property automatically.
- Payable-on-death (POD) or transfer-on-death (TOD) beneficiary designations — these pass directly to the named beneficiary.
- Property owned in a revocable trust — the trust governs distribution, not the will.
If the home was a nonprobate asset, it typically never becomes part of the probate estate and therefore may not be distributed under the will. If the home was a probate asset (owned solely in the decedent’s name, for example), sale proceeds normally become estate assets and are handled through probate.
2. Order of payment: debts and costs come first
Under Florida law, a decedent’s debts, funeral expenses, and estate administration costs generally must be paid before any distributions under the will. If the personal representative sells the house to pay debts, any remaining sale proceeds usually go into the estate and are distributed according to the will (unless another rule applies, see homestead and survivorship below).
See Florida statutes on estate administration: Chapter 733 (Administration of Estates): Fla. Stat. Ch. 733.
3. Homestead rules in Florida (special protection)
Florida’s homestead protection (Florida Constitution, Article X, Section 4) gives the surviving spouse and minor children powerful rights. If the decedent’s home was homestead, the will cannot always control that property:
- If a surviving spouse or minor child exists, homestead generally cannot be devised by will away from them.
- If homestead is sold during probate and the proceeds remain part of the estate, specific rules may apply about who has claim to those proceeds (for example, a surviving spouse may have an interest or may be entitled to an elective share).
See the Florida Constitution on homestead protections: Florida Const., Art. X, §4, and consult Chapter 732 and related statutes for intestacy and spouse’s rights: Fla. Stat. Ch. 732.
4. Practical examples (hypotheticals)
These examples show how outcomes can differ:
- Example A — Sole title, probate asset: Dad owned the house alone, the executor sells it under court-supervised probate, pays all creditors, and $100,000 remains. That $100,000 normally becomes part of the residue of the estate and is distributed according to the will.
- Example B — Tenancy by the entirety or joint tenancy: Parents held the house jointly with right of survivorship. When one parent dies, the surviving parent becomes sole owner automatically. A later sale by the surviving parent yields proceeds that belong to the surviving owner, not the deceased’s probate estate, unless the surviving owner is acting as a personal representative for a valid reason.
- Example C — Homestead with surviving spouse/minor child: If homestead protections apply, the will may not control the homestead. If the home is sold, the surviving spouse’s constitutional protections and elective-share rights can affect who receives the proceeds.
- Example D — Property owned in a trust: If the house belonged to a revocable trust, the trustee follows trust terms; the will generally has no effect on trust assets.
5. Who sells the house and how matters
If the personal representative (executor) sells the home during probate, they must follow Florida probate procedures and get court approval when required. Sale proceeds turned over to the estate will be applied to debts and then distributed under the will to beneficiaries. If someone else with legal title (for example, a surviving owner) sells the house outside probate, proceeds usually belong to that owner and are not governed by the decedent’s will.
6. How to confirm what happened in your situation
- Obtain a copy of the deed to see how title was held (sole, joint, tenancy by the entirety, etc.).
- Ask for the death certificate and the will (if one exists).
- Ask the personal representative for the estate accounting and inventory showing proceeds from the sale and payments to creditors. In Florida, beneficiaries have a right to information about administration.
- Search the county probate court file to see whether there is a probate case and what orders judge issued. Florida Courts self-help and local clerk’s office can help: Florida Courts – Probate.
- If you suspect the sale or distribution was improper, consider consulting an attorney who handles Florida probate and estate matters.
Bottom line: If the house was a probate asset when it was sold and the sale proceeds were collected into the estate after paying debts, the leftover money generally will be distributed under your dad’s will — unless homestead rules, survivorship ownership, trust ownership, or other legal claims override the will. If the house was nonprobate (joint ownership, beneficiary designation, or trust), the proceeds likely bypass the will and go to the co-owner or beneficiary.
Primary Florida legal resources:
- Florida Statutes, Chapter 733 (Administration of Estates): https://www.leg.state.fl.us/statutes/
- Florida Statutes, Chapter 732 (Intestate Succession and related spouse/child rules): https://www.leg.state.fl.us/statutes/
- Florida Constitution — Homestead protection (Article X, §4): https://www.flsenate.gov/Laws/Constitution
Note: The fact patterns in probate and homestead law are detail-driven. Small differences in title language, dates, or family status can change the result.
Helpful Hints
- Start by checking the deed at the county recorder’s office to learn how the house was titled.
- Ask the personal representative for a written estate inventory and accounting — you are entitled to see estate records.
- If a surviving spouse sold the home, determine whether they acted in a personal capacity or as personal representative.
- Keep copies of all documents: deed, sale contract, closing statement, probate filings, and the will.
- If the estate is open in probate court, read the court file for orders approving the sale and distribution.
- Watch the timeline: Florida allows creditors to file claims during a statutory period; distributions should account for outstanding creditor claims.
- Ask whether a revocable trust or beneficiary designation exists — those can change the outcome entirely.
- If you suspect improper distributions or missing funds, speak promptly with an attorney experienced in Florida probate disputes.
Disclaimer: This article explains general principles of Florida law and is for educational purposes only. It does not provide legal advice, create an attorney-client relationship, or address every possible fact pattern. For advice tailored to your situation, consult a licensed Florida attorney.