Understanding Homestead Property and Probate in Florida

Navigating probate and estate planning can be tricky, but one thing that often comes up is how homestead property is handled. If you’re dealing with an estate in Florida, it’s important to know how homestead property works.

In Florida, homestead property is unique from other assets. If the deceased left behind a spouse and a minor child, the homestead isn’t considered a probate asset. This means the personal representative can’t touch the homestead, and it doesn’t have to go through probate. Essentially, the probate court can’t take control of it, so the property passes outside the will. Any liens placed by the personal representative, even for good reasons, are invalid.

If however, the decedent died without a spouse or minor child and left a Will then the Will controls.  If the Will devises the homesteaded property to a third party or family member then the court will honor the provisions of the Will all other things being equal.  If the Will does not devise the homestead, then it is not a probate asset and instead it passes outside of probate through “intestate” succession per Florida law.  Interpreting the provisions of a Will comes down to a question of the decedent’s intent with the Will being the most logical starting point. This is why it’s important that you have competent counsel to assist you as a beneficiary or personal representative in probate proceedings.

Understanding these nuances can significantly aid in planning and making sound estate decisions. In Florida, homestead property bypasses the usual probate process and directly goes to the surviving family members, just as intended.

Ormond Beach Probate Attorney

We’re here to help you navigate the challenges of losing a loved one. Grief is a universal experience, and navigating the probate process can be overwhelming. Don’t hesitate to reach out to our experienced Ormond Beach probate lawyer, Andrew J. Pascale. Give us a call at 877-667-1211, and we’ll be happy to guide you through this difficult time.  This blog does not constitute legal advice.