Does a Florida Homestead property need to go through probate?
Probate is necessary in instances where a decedent owns assets in their name solely at the time of their death. The beneficiaries/heirs would need to have a probate opened in order to have the title of the assets transferred to the correct individuals. The assets will be distributed either using the laws of intestacy (meaning passing without a will) or if the individual passed away with a will they will follow the testate laws and pass title via the terms outlined in the decedent’s Last Will and Testament (Testate). Often times a decedent’s most valuable asset to pass on is their home, this is called the decedent’s homestead and is not part of the probate estate because it is not subject to creditors.
As stated above, the decedent’s homestead is not part of the probate estate because it is not subject to creditors. However, the personal representative of the decedent’s estate often still needs to obtain a court order stating that the property was the person’s homestead and the heirs/beneficiaries can request a court to issue an Order Determining Homestead Status. The Order Determining Homestead Status will remove the property from the jurisdiction of the probate court and will legally transfer title of the property to the beneficiaries/heirs.
Yanitza Schoonover, Estate Planning Attorney, understands the intricacies of probate and is here to guide you through every step, safeguarding your assets and ensuring a smooth transition to your heirs or beneficiaries.
