Most people assume the will decides who gets the house. In Florida, if you leave a spouse or a child under 18, it usually doesn’t.
That is the whole point of this video. It is animated, it runs about five minutes, and it follows one house through four family situations: married with grown children, married with a child under 18, not married, and a home the couple owns together as tenants by the entirety. Watch who ends up with the keys in each one.
The rule behind the pictures is Article X, Section 4(c) of the Florida Constitution, repeated in section 732.4015 of the Florida Statutes. If you are survived by a spouse or a minor child, you cannot leave the homestead to anyone by will or by revocable trust, with one exception: you may leave it to your spouse, and only when there is no minor child. A devise that breaks the rule is not rewritten. It is ignored, and section 732.401 supplies the ending instead. The surviving spouse takes a life estate. The descendants take the remainder. Within six months of the death the spouse can record an election to take an undivided one-half interest as a tenant in common instead, and once that election is recorded it cannot be undone.
Two points in the video deserve a second look. The first is that a child under 18 blocks a gift of the house even to the spouse, and the spouse cannot sign that protection away. The second is that none of this applies when the couple holds the house as tenants by the entirety. Section 732.401(5) says so directly. The survivor owns the whole house by operation of law. There is no probate and no life estate, and the six-month election never comes up. The rules come back at the second death, and a divorce turns the entireties estate into a tenancy in common under section 689.15.
The video is general information about Florida law. It is not advice about your house, and it assumes the home qualifies as protected homestead in the first place. If you want to run your own facts, the homestead descent tool on this site asks the same questions the video does. And if the answer is not the one you wanted, the fix is estate planning done while you are alive, usually in the deed, not in the will.
