Summary:
In this document, an interested person requests the court to make a determination that the real property owned by the deceased person constituted his or her protected homestead.
Obtaining an Order Determining Homestead may be advantageous because it can:
1) Protect the property from creditors’ claims,
2) Protect the interest of a spouse or minor child, and
3) Serve as a deed transferring title of the property.
Florida Constitution:
Article X, Section 4 of the Florida Constitution. Homestead; exemptions.—
Statutes:
Section 732.401, Descent of homestead.—
Section 732.4015, Devise of homestead.—
Sample Election of Surviving Spouse To Take a One-Half Interest of Decedent's Interest in Homestead Property
Rule:
Rule 5.405, Florida Probate Rules. Proceedings to Determine Protected Homestead Status of Real Property.
For a more in-depth look at protecting homestead property during probate, see our article: Protect Homestead Property from Probate Proceedings
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Provurb is not a law firm and we do not provide legal advice. Information contained in this blog is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult with a probate attorney.