{"id":6599,"date":"2022-03-31T05:45:00","date_gmt":"2022-03-31T09:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=6599"},"modified":"2022-03-13T06:51:36","modified_gmt":"2022-03-13T10:51:36","slug":"florida-homestead-law-inheritance","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/florida-homestead-law-inheritance\/","title":{"rendered":"Florida Homestead Law Inheritance – Everything You Must Know"},"content":{"rendered":"\n

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The state of Florida has unique legal procedures to probate homestead property<\/a>. As provided by Florida Statutes \u00a7733.607, homestead property is not considered a probate<\/a> asset within state jurisdiction – unless for a few exceptions.<\/p>\n\n\n\n

In this article, you will find out the essentials of homestead inheritance law in Florida.<\/p>\n\n\n\n

Florida Homestead Protection – Understanding the Concept<\/h2>\n\n\n\n

As provided by Florida law, homestead protection applies to real property 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, with any improvements made on it, and owned by a natural person.<\/p>\n\n\n\n

Plus, homestead protection applies only to someone’s primary or permanent residence prior to death. Hence, non-resident aliens cannot claim homestead status, as they do not intend to make real property their legal permanent residence in the country.<\/p>\n\n\n\n

In Florida, homestead properties are granted three different protection layers. First, a living homestead owner cannot transfer the property under protection during their life while married.<\/p>\n\n\n\n

Hence, married homestead property owners may only transfer the protected property to their respective spouses. To transfer a homestead property- either by selling or mortgaging it – to someone other than his\/her spouse, state law requires the spouse’s contentment and joinder in the transfer.<\/p>\n\n\n\n

Secondly, homestead protection limits the right of a property’s owner to dispose of the property upon death. If the owner of the homestead is survived by a spouse or minor children, the owner cannot bequest or gift the home.<\/p>\n\n\n\n

Nonetheless, if the homestead owner is married but without minor children, it is possible to bequest or gift the property – to the owner’s spouse exclusively.<\/p>\n\n\n\n

Lastly, homestead protects property owners from forced sales caused by most judgment creditors. Still, there are exceptions to this rule, such as:<\/p>\n\n\n\n