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Compassion and Clarity When It Matters Most
For many Florida families, the home is more than property; it is a lifetime of memories.
When a loved one passes away, their Florida homestead can be both an emotional and legal responsibility.
Understanding how homestead laws work can help protect your family’s rights, preserve equity, and prevent costly mistakes, especially when the home must be sold during probate.
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What Is a Homestead in Florida?
Under Florida’s Constitution, a “homestead” refers to a person’s primary residence, the place they owned and lived in as their permanent home.
Homestead property carries unique legal and financial protections that:
Limit creditor claims
Reduce property taxes through exemptions
Control how and to whom the home can be transferred at death
If the property qualifies as homestead, it receives special treatment during probate. The home is often exempt from most creditors and transfers outside the estate once confirmed by the court.
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Why Homestead Matters During Probate
In Florida, the homestead designation affects ownership rights, creditor exposure, and whether the property can be sold.
When a homeowner passes away, the court must first determine if the property qualifies as homestead. This is done through a Petition to Determine Homestead Status filed by the Personal Representative or an heir.
If the property is confirmed as homestead:
It passes directly to the surviving spouse or heirs, not through the estate.
It is protected from most creditors.
It is not counted toward the estate’s total value for distribution.
If the property does not qualify as homestead:
It is treated like a regular estate asset.
It may be sold to satisfy debts or distributed to beneficiaries.
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Who Inherits a Florida Homestead?
Homestead descent depends on family circumstances at the time of death:
Married, no minor children: The surviving spouse can inherit full ownership or choose a life estate with the remainder going to the children.
Married, with minor children: The surviving spouse receives a life estate, and the children share ownership of the remainder.
No surviving spouse or minor children: The property passes to adult children or other heirs under the will or Florida’s intestate laws.
> Note: These inheritance rights often override what is written in a will. Florida’s homestead protections are constitutional and take precedence.
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Protecting the Property After Death
Once a homeowner passes, certain actions should be taken immediately to protect the home’s value:
Secure and insure the property.
Continue basic maintenance such as lawn care and utilities.
Collect mail and handle tax or insurance notices promptly.
Keep detailed records of any payments made on behalf of the estate.
Consult a probate professional before renting, remodeling, or selling the home.
If the property is in Colgate or anywhere in Florida, it is essential to file the homestead petition early to confirm protections and determine ownership.
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Selling a Homestead Property During Probate
Selling a loved one’s home is often emotional, but it also requires compliance with Florida probate law.
The sale must be handled carefully to protect heirs and ensure a clean transfer of title.
The Process:
1. Confirm Homestead Determination
The court must officially recognize the property’s homestead status before any sale. This ensures buyers and title companies understand who legally owns the home.
2. Verify Who Can Sign
If ownership transferred directly to heirs, they must sign the sale documents. If ownership remains with the estate, the Personal Representative may sell the property under court authority.
3. List the Property with a Probate-Savvy Realtor®
The listing should reflect the property’s true market value and any probate-related requirements. A Realtor familiar with probate transactions can guide the process and coordinate with attorneys and title companies.
4. Court Approval if Required
Some counties require a motion or order authorizing the sale, especially in formal administrations.
5. Close the Sale
The title company ensures all required probate documents are in place. Proceeds are distributed according to court orders or ownership interests.
> Tip: Working with a Certified Probate Specialist who understands both the legal and real estate sides of the process can save time and prevent errors.
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Common Challenges and How to Avoid Them
Challenge Risk Solution
Misclassifying property as homestead Delayed transfer, disputes File a Petition to Determine Homestead Status early
Selling before court approval Title defects or rejected sale Wait for Letters of Administration and court authorization
Disagreements among heirs Sale delays Encourage open communication and written agreements
Unpaid taxes or liens Closing complications Verify title and tax records early
HOA or condo violations Financial penalties Request estoppels and review HOA rules before listing
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Frequently Asked Questions
- Can the homestead be sold during probate?
Yes, but only after the court clarifies ownership and approves the sale. - Are creditors allowed to force the sale of a homestead?
Generally no. A valid Florida homestead is exempt from most creditor claims, except for property taxes, mortgages, and HOA or condo liens. - Can the Personal Representative sell a homestead property?
Only if the court or the will authorizes it, and only if the property has not yet been confirmed as exempt homestead. - What happens if heirs disagree about selling?
The court may require mediation or a partition action. Professional guidance can often help resolve disputes before that step.
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Final Thoughts
Homestead property represents both emotional and financial security for Florida families.
Understanding the state’s homestead protections helps ensure your loved one’s legacy is handled properly and the family’s rights are preserved.
Whether you are confirming ownership, maintaining the home, or preparing it for sale, working with a Certified Probate Specialist who also understands real estate can make the process smoother and more efficient.
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📞 Talk to a Probate Real Estate Professional
If you are managing a probate home in Colgate or anywhere in South Florida, I can help you:
Confirm the property’s homestead status
Coordinate with your attorney and title company
Prepare and market the property for sale
Contact me today for a free probate consultation.
📍 Serving Miami-Dade, Broward, and Palm Beach Counties
📞 305-985-0479 ✉️ jeanniecastbrum@gmail.com 🌐 askjeannie.realtor
