The term “homestead” refers to a natural person’s primary or permanent residence. It consists of parcels of land and associated structures of no more than 160 contiguous acres outside a municipality, or no more than one-half of an acre of contiguous land in a municipality. See full criteria for determining homestead here.
While Florida homestead property is not a probate asset, Florida’s probate court formally determines whether property owned by a deceased person constituted their protected homestead. This is unlike any other state and can serve several benefits:
Protect the property from creditors’ claims
Protect the interest of a spouse or minor child
Serve as a deed when transferring title of the property
Homestead status is granted to a person (or persons) rather than a property, and therefore ends when that person passes away. By securing a court order, the deceased person’s representative continues protection of the homestead during probate.
A judicial determination also helps a personal representative by notifying third parties of the property’s homestead status and determines rights of creditors relating to the property.
To learn more, see our post linking the full Florida constitutional article, statutes, and rules.
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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.