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What Happens to Homestead Property in Florida Probate?

Loune-Djenia Askew, Esq

Jun 30, 2025

This blog post will explore the intricacies of homestead property in Florida, its protections, and how it impacts probate matters.

Homestead real property is a unique aspect of Florida law that can significantly affect the probate process. Understanding how homestead properties are treated in probate is crucial for both estate planners and beneficiaries. This blog post will explore the intricacies of homestead property in Florida, its protections, and how it impacts probate matters. For expert guidance on handling homestead properties in probate, trust Askew & Associates, P.A to support you through every step.


Understanding Homestead Real Property in Florida's Probate Process

In Florida, homestead real property is more than just a place of residence; it carries specific legal protections and implications during the probate process. This blog post delves into the treatment of homestead properties in probate matters, ensuring you are well-informed on this critical aspect of estate planning.


What is Homestead Property?


Definition and Legal Protections

Homestead property in Florida refers to a primary residence that qualifies for certain legal and tax protections under state law. The Florida Constitution provides homestead exemptions that protect homeowners from forced sale due to creditors and offer significant tax benefits. In addition, the homestead status confers unique protections regarding probate and the distribution of assets.


Homestead and the Probate Process

When a property owner passes away, how homestead property is treated in probate can vary based on several factors, including whether the property was owned solely by the decedent and the specifics of the estate.


Key Points to Consider:


1. Homestead Properties Are Exempt from Creditors:

Homestead property is shielded from creditors’ claims, which means that the value of the home cannot be used to pay off the decedent’s debts. This protection is particularly beneficial for surviving family members, as it enables them to retain ownership of the homestead without financial encumbrances.


2. Survivorship and Spousal Rights:

In many cases, Florida law provides protections for surviving spouses. If the deceased owned the homestead property jointly with a spouse, the surviving spouse can typically retain the property outright, avoiding the probate process entirely in many situations. Similarly, if the property was titled solely in the decedent's name, the spouse may still be entitled to a life estate or the right to occupy the home.


3. The Role of the Will:

If the decedent had a will that designates beneficiaries for the homestead property, it might affect the distribution during probate. However, Florida law requires specific procedures to confirm whether the property can be passed according to the decedent’s wishes. Even if the will states otherwise, certain protections may prioritize the rights of the surviving spouse or family members.


4. Intestate Succession and Homestead Property:

 In cases where a decedent dies intestate (without a will), Florida's intestacy laws spell out the distribution of the homestead property. Typically, it will go to a surviving spouse and/or children, depending on the family dynamics and ownership structure.


Best Practices for Handling Homestead Property in Probate


Consult with an Attorney: Given the complexities surrounding homestead law, it’s essential to seek legal advice from an experienced attorney who understands Florida's probate process.

Ensure Proper Titling: When designing an estate plan, consider how the homestead property is titled, as this can influence its treatment in probate.

Communicate with Heirs: Clear communication with family members about the intentions regarding the homestead can help reduce misunderstandings and conflicts during the probate process.


If you are involved in a probate matter that includes homestead real property or are looking to plan for the future, reach out to Askew & Associates, P.A. We are here to assist you in protecting your assets and ensuring a smooth probate process.


For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

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