What Happens to a Florida Homestead After a Death
For most Lakewood Ranch and Sarasota families, the home is the most valuable asset in the estate. Florida gives a primary residence, called homestead, special protection, and those rules can override what a will says. Understanding them early helps avoid family conflict and costly mistakes.
Protection From Creditors
Under the Florida Constitution, a homestead that passes to the owner's spouse or heirs is generally protected from the deceased owner's creditors. A mortgage or other lien on the property still has to be paid.
Limits on Who Can Inherit the Home
If the owner is survived by a spouse or a minor child, Florida law limits how the home can be left by will.
Survived by a spouse and no minor child: the home can be left to the spouse outright.
Survived by a spouse and descendants, with no valid plan for the home: the spouse usually receives a life estate, meaning the right to live there for life, and the descendants receive the home after that. The spouse may instead elect to take a one-half interest, within a deadline.
Survived by a minor child: the home generally can't be left to someone other than the spouse or descendants.
A prenuptial agreement or a properly signed waiver can change some of these rules.
Getting the Court to Confirm Homestead Status
In many estates, the court is asked to determine that the home is protected homestead. That order shows title companies and buyers who owns the home, and confirms that it passes free of the estate's creditor claims.
Property Taxes After a Death
The owner's homestead exemption ends after their death. Anyone who inherits the home and lives there as their primary residence must apply for their own homestead exemption with the Manatee or Sarasota County Property Appraiser. The property's assessed value may also reset, which can raise the tax bill.
Frequently Asked Questions
Does homestead property go through probate?
Often it passes outside the usual probate process, but a court order determining homestead status is usually needed to give the heirs clean title.
Can the home be sold right away?
Usually not until the court confirms who owns it, either through a homestead determination or as part of probate.
Learn more in our article on Florida homestead law for homeowners, or about using deeds and trusts to plan ahead.
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Questions about a loved one's Florida home? Schedule a free consultation or call 941-909-8331.