When a loved one passes away in Florida, dealing with their home is often one of the biggest concerns. Florida’s homestead exemption plays a major role in how that home affects the probate process. These rules are different from many other states and can affect who inherits the home and whether the family can sell it.
What is the homestead exemption in probate?
In Florida, the homestead exemption protects a homeowner’s primary residence from forced sale by most creditors after the owner’s death. This protection continues during probate and can pass on to certain family members. To qualify, the property must have served as the deceased person’s primary home and cannot be a rental or vacation property.
The homestead does not usually enter the probate process like other property, such as bank accounts or cars. Instead, it passes directly to the heirs if they qualify under Florida’s homestead rules.
This protection can make a big difference for families. For example, if the person who died owed credit card debt or medical bills, creditors usually cannot force the sale of the homestead to collect that money. However, some exceptions exist. The estate must still pay mortgages on the home and unpaid property taxes, and those debts can lead to foreclosure if the family doesn’t handle them.
Who inherits the homestead?
Florida law clearly defines who can inherit a homestead. If a surviving spouse exists and no minor children remain, the spouse usually receives the entire property. If the situation involves minor children, the law restricts how the family can divide the home. If the person who died was unmarried and had adult children, those children typically receive equal shares of the property.
It’s also important to remember that if someone tries to leave the homestead to a person who doesn’t qualify, like a friend or distant relative, that transfer may not hold up under Florida law. In that case, the property could enter probate or lose its creditor protection.
Understanding the homestead exemption helps families protect their homes and avoid surprises during probate. Florida gives families a powerful tool, but they must follow the rules to keep that protection in place.