Probate Administration Services

Florida homestead rules are crucial in the probate process, as they offer significant protections for a decedent’s primary residence. These protections are outlined in Article X, Section 4 of the Florida Constitution, Florida Statutes § 732.401-732.4015, and Florida Probate Rule 5.405.

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• Exemption from Forced Sale: Homestead property is protected from forced sale to satisfy most creditor claims. This means the decedent’s residence cannot be sold to pay off debts during probate, except in specific circumstances like unpaid property taxes or mortgages.

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• Restrictions on Devise: Florida law restricts how a homestead can be devised (transferred by will) if the decedent is survived by a spouse or minor children. If a decedent has minor children, the homestead cannot be devised and passes to them as per Florida Statutes § 732.401. If there’s a surviving spouse and no minor children, the spouse can inherit the homestead outright or choose a life estate with remainder to other heirs (Fla. Stat. § 732.4015).

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• Petition to Determine Homestead: This petition, required under Florida Probate Rule 5.405, is filed to establish the property as protected homestead and ensure it passes outside of probate, shielded from creditor claims.

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These homestead rules ensure the decedent’s family home remains intact and safeguarded during the probate process.

We will help you understand if the Florida homestead protections are applicable in your case and ensure the proper paperwork is filed with the Court to maintain those homestead protections during the probate process.  This may involve obtaining utility bills, affidavits from friends or relatives, property tax bills, and other evidence to ensure that the decedent's homestead rights are protected.