Legal Question in Wills and Trusts in Florida

The decedent's estate.

The decedent or his Estate, unless someone else has a contractual obligation to pay it as well. If no Estate is formed, the debt wont likely get paid. If there were assets owned by the decedent, the debtor can file the Estate without a will and claim those assets.

Only the deceased or anyone else that was actually contracted to be responsible for the debt (i.e. Wife is still responsible for joint credit card debt if only husband died). Otherwise if the debt is only in the deceased persons name, then only the deceased is responsible. But even without a will, the deceased persons assets may have to be probated to pay that debt.

Assuming there is no one who signed a promissory note to pay the debt other than the deceased, then the debt is paid through the probate process from the estate's funds. Even if there is no will, probate can be done. Florida Law states the order by which debt is paid. For instance, attorney and personal representative compensation as well as funeral expenses are paid before medical expenses and credit card debt.