What should an executor due if the debts due on an estate are greater than the worth of the estate?

If the Personal Representative (Excecutor) has hired an attorney, he should work with his attorney. Florida Statutes provides rules on which creditors get paid first. However, based on characteristics of property, some of the property may not be subject to probate and/or may be protected from creditors.

I agree with Attorney Coensen. Some of her debts may not be estate obligations. This can get quite complicated and he would need a lawyer to guide him through it.
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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

The house is a protected asset from his common law wife's creditors. If your father can not afford to stay in the residence he can sell it and keep the proceeds. Make sure, before you do anything, that you have it declared by the court to be "Homestead" real property (protected from creditors). If there is insufficient funds with which to pay the creditors they should be advised accordingly.

I am local in Bradenton, FL and can be reached at mjs@fl-estateplanning.com.

Florida does not recognize common law marriages. If they lived in another state and met the requirements of a common law marriage and then moved to Florida, your step-father could be considered a surviving spouse. This is important because Florida law offers certain protections for a surviving spouse, including the right to the primary residence qualifying as homestead, or at least a life estate. The surviving spouse's rights in the home are superior to creditor claims if they were in fact married. There are a lot of facts that have to fall into place, so your stepfather should discuss his concerns with the lawyer he has hired. No one can give a good answer to your question without knowing the facts and having a good understanding of Florida homestead law. Even with homestead protection, the mortgage still must be paid, assuming it is valid.