What Happens to the Florida Homestead When the Owner Dies
Answer a few questions about the decedent and the home. This covers who takes the residence under Article X, section 4(c) of the Florida Constitution and sections 732.401 and 732.4015. It does not cover the creditor-protection or property-tax sides of homestead.
How was title to the home held at death?
A revocable trust counts as the decedent’s own name for this purpose.
Talk with a Board Certified attorney. Call (954) 839-8705 or send us a note describing the situation and the county involved. We will tell you what to bring.
This tool is provided for general information only and is not legal advice. Using it does not create an attorney-client relationship with Ginsberg Shulman, PL. It addresses only who takes the residence under Article X, section 4(c) of the Florida Constitution and sections 732.401 and 732.4015; it does not account for the creditor exemption, property-tax homestead, the elective share, exempt property, family allowance, or whether a particular waiver is valid. For advice about a specific home or estate, contact us.