The Short Answer

In Florida, if a home is subject to a mortgage and no heir will take over payments or buy out the others, the mortgage does not disappear—the lender can still foreclose if payments aren’t made. In many estates, the personal representative may need to pursue a sale of the property (or other resolution) because leaving the home in limbo can drain the estate and reduce (or eliminate) any inheritance.

What Florida Law Says

Florida probate administration is designed to settle the estate and distribute assets, but real estate decisions get complicated fast when there’s a mortgage, multiple heirs, and no agreement. Depending on the will (if any), the personal representative may have authority to sell real property to protect the estate and the beneficiaries—often with court involvement—while existing mortgages and liens generally remain attached unless paid off at closing.

The Statute

The primary law governing this issue is Fla. Stat. § 733.613.

This statute establishes that a personal representative may sell estate real property (sometimes requiring court authorization/confirmation), and that a buyer generally takes title free of estate creditor claims and beneficiary interests except that existing mortgages or other liens are not affected—meaning the mortgage must typically be paid off through a sale or otherwise addressed.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida probate has creditor-claim deadlines that can affect how quickly an estate can safely distribute assets and close. For example, many claims must be filed within specific time windows under Fla. Stat. § 733.702, and there is a broader 2-year limitation period under Fla. Stat. § 733.710.
• Burden of Proof: If heirs dispute whether the property should be sold, who should live there, or whether estate funds should be used to carry the mortgage, the personal representative may need court approval and strong documentation showing the decision is in the estate’s best interest.
• Exceptions and Property Status: Whether the home is (or is not) protected homestead can change what the personal representative can do and how expenses get handled. Florida law treats homestead differently in probate, and the personal representative’s powers over protected homestead are limited in important ways. See, for example, Fla. Stat. § 733.608.

When no one agrees to pay the mortgage or buy out other heirs, the risk is that the home falls behind, the lender forecloses, and the family loses equity. An attorney can evaluate whether a probate sale is appropriate, whether court approval is required, how to handle occupancy and expenses, and how to reduce conflict and liability for the personal representative.

If your issue is really an heir disagreement after the property passes to multiple owners, you may also want to read: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property? and Can I force the sale of a co-owned house with my sibling in Florida if we can’t agree?.

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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.