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Chapter 733 — Administration of Estates

Florida Statute 733.707

“Order of payment of expenses and obligations”

What it means

The personal representative pays expenses and obligations in eight classes, in this order. Class 1: costs, expenses of administration, and compensation of personal representatives and their attorneys. Class 2: reasonable funeral, interment, and grave marker expenses, not to exceed $6,000 in total, whoever paid them. Class 3: debts and taxes with federal preference, claims under ss. 409.9101 and 414.28, and state claims for unpaid court costs, fees, or fines. Class 4: reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. Class 5: family allowance. Class 6: court-ordered child support arrearage. Class 7: debts from continuing the decedent's business, only to the extent of that business's assets. Class 8: all other claims, including judgments entered against the decedent during life, and any excess over the amounts allowed in Classes 2 and 4.

If the estate cannot pay all of a class, its creditors are paid ratably in proportion to their claims. A trust the decedent could revoke, or withdraw from, is liable for expenses and obligations to the extent the estate is insufficient, as provided in ss. 733.607(2) and 736.05053. Trusts within IRA, Keogh, and qualified retirement plans, and s. 664 trusts, are not treated as revocable for this purpose.

— What it says
  • Class 1 is costs, expenses of administration, and compensation of personal representatives and their attorneys (§ 733.707(1)(a)).
  • Class 2 is reasonable funeral, interment, and grave marker expenses, not to exceed $6,000 in the aggregate, whether paid by a guardian, the personal representative, or any other person (§ 733.707(1)(b)).
  • Class 3 is debts and taxes with federal preference and listed state claims; Class 4 is medical and hospital expenses of the last 60 days of the last illness (§ 733.707(1)(c)-(d)).
  • Classes 5 to 7 are family allowance, court-ordered child support arrearage, and debts of a continued business, the last only to the extent of that business's assets (§ 733.707(1)(e)-(g)).
  • Class 8 is all other claims, including judgments rendered against the decedent during life, and any excess over the amounts allowed in Classes 2 and 4 (§ 733.707(1)(h)).
  • Creditors in a class that cannot be paid in full share ratably; a revocable trust is liable when the estate is insufficient (§ 733.707(2)-(3)).

Text of the statute (2026)

§ 733.707(1)
(1) The personal representative shall pay the expenses of the administration and obligations of the decedent’s estate in the following order: (a) Class 1.—Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3). (b) Class 2.—Reasonable funeral, interment, and grave marker expenses, whether paid by a guardian, the personal representative, or any other person, not to exceed the aggregate of $6,000. (c) Class 3.—Debts and taxes with preference under federal law, claims pursuant to ss. 409.9101 and 414.28, and claims in favor of the state for unpaid court costs, fees, or fines. (d) Class 4.—Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent, including compensation of persons attending the decedent. (e) Class 5.—Family allowance. (f) Class 6.—Arrearage from court-ordered child support. (g) Class 7.—Debts acquired after death by the continuation of the decedent’s business, in accordance with s. 733.612(22), but only to the extent of the assets of that business. (h) Class 8.—All other claims, including those founded on judgments or decrees rendered against the decedent during the decedent’s lifetime, and any excess over the sums allowed in paragraphs (b) and (d).
§ 733.707(2)
(2) After paying any preceding class, if the estate is insufficient to pay all of the next succeeding class, the creditors of the latter class shall be paid ratably in proportion to their respective claims.
§ 733.707(3)
(3) Any portion of a trust with respect to which a decedent who is the grantor has at the decedent’s death a right of revocation, as defined in paragraph (e), either alone or in conjunction with any other person, is liable for the expenses of the administration and obligations of the decedent’s estate to the extent the decedent’s estate is insufficient to pay them as provided in ss. 733.607(2) and 736.05053.
§ 733.707(3)(a)
(a) For purposes of this subsection, any trusts established as part of, and all payments from, either an employee annuity described in s. 403 of the Internal Revenue Code of 1986, as amended, an Individual Retirement Account, as described in s. 408 of the Internal Revenue Code of 1986, as amended, a Keogh (HR-10) Plan, or a retirement or other plan established by a corporation which is qualified under s. 401 of the Internal Revenue Code of 1986, as amended, shall not be considered a trust over which the decedent has a right of revocation.
§ 733.707(3)(b)
(b) For purposes of this subsection, any trust described in s. 664 of the Internal Revenue Code of 1986, as amended, shall not be considered a trust over which the decedent has a right of revocation.
§ 733.707(3)(e)
(e) For purposes of this subsection, a “right of revocation” is a power retained by the decedent, held in any capacity, to: 1. Amend or revoke the trust and revest the principal of the trust in the decedent; or 2. Withdraw or appoint the principal of the trust to or for the decedent’s benefit.

Excerpts are the subsections the summary relies on. Read the full official text of § 733.707.

History. s. 1, ch. 74-106; s. 86, ch. 75-220; s. 35, ch. 77-87; s. 7, ch. 85-79; s. 69, ch. 87-226; s. 20, ch. 93-208; s. 11, ch. 93-257; s. 10, ch. 95-401; s. 1018, ch. 97-102; s. 3, ch. 97-240; s. 150, ch. 2001-226; s. 2, ch. 2010-122; s. 17, ch. 2012-100.

— In a Florida probate

How it applies

Payment order matters when an estate cannot cover every obligation. A funeral bill above $6,000 is preferred only up to $6,000, and the excess is a Class 8 claim. A judgment entered against the decedent during life is Class 8, not a priority class. Once the preceding classes are paid, creditors in a class that cannot be paid in full share in proportion to their claims.

Questions people ask

Who gets paid first from a Florida estate?
Class 1 comes first: costs and expenses of administration, including compensation of the personal representative and attorneys. Class 2 is reasonable funeral, interment, and grave marker expenses up to $6,000 in total. Class 8, which includes ordinary claims and judgments from the decedent's lifetime, is last (§ 733.707(1)).
Can creditors reach a revocable trust after death in Florida?
Section 733.707(3) makes a trust the decedent could revoke liable for estate expenses and obligations to the extent the estate is insufficient, as provided in ss. 733.607(2) and 736.05053. Retirement plan and IRA trusts and s. 664 trusts are excluded from that treatment.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.707

Published by the Probate.Help editorial team.How these pages are written and checked.

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