Florida Homestead and Estate Planning
Florida’s homestead laws are some of the strongest in the country — and they directly impact your estate planning. Understanding how these protections work can help you avoid probate issues, minimize taxes, and protect your home from creditors or forced sale.
What Is Considered Homestead in Florida?
- A home that is your primary residence in Florida
- Located on up to half an acre in a municipality or 160 acres outside of one
- Owned by a natural person — not a corporation or LLC
- Filed with the county as your legal homestead for tax and legal purposes
These protections apply automatically once properly established.
Key Homestead Protections
- Creditor Protection – Homestead property cannot be forcibly sold to satisfy most debts (except taxes, mortgages, or mechanics’ liens)
- Inheritance Restrictions – You may not be able to leave your homestead to anyone other than your spouse or minor children without consent
- Tax Exemptions – Florida provides a property tax discount on homestead homes, reducing annual expenses
How Homestead Affects Probate and Estate Planning
- Homestead property is exempt from creditors in probate — but only for heirs, not non-family beneficiaries
- You cannot transfer full ownership in a will if you are survived by a spouse or minor child
- Improper planning can cause delays or invalid transfers during probate
- Some families unintentionally trigger full probate over the home
Florida Homestead Law – Answers to Common Estate Planning Questions
A Florida homestead is your primary residence, owned by a natural person, located on no more than half an acre in a municipality or 160 acres outside of one. It must be properly filed with the county to receive tax and legal protections.
Homestead property is protected from most creditors and cannot be forcibly sold to satisfy debts like credit cards or personal loans. However, it does not protect against mortgages, property taxes, or liens for home improvements.
Not always. If you have a surviving spouse or minor children, Florida law restricts how you can transfer your homestead. You cannot override these protections in a will without specific legal consent.
Yes, but it must be done carefully. Improperly titling your homestead into a trust could void creditor protections or affect your tax exemption. A well-drafted Florida-specific trust can preserve all benefits and avoid probate.
Using generic estate planning templates or ignoring Florida’s specific rules. Mistakes in titling, beneficiary choices, or trust language can create tax issues, lawsuits, or loss of protections. Professional guidance is essential.
It depends. If left to a spouse or direct heirs, homestead is usually exempt from probate creditors and may pass automatically. But improper planning, unclear title, or naming non-family beneficiaries can trigger full probate.
Can a Homestead Be Placed in a Trust?
- Yes, but it must be done carefully to preserve constitutional protections
- Improper titling may waive creditor protections or cause tax issues
- A properly drafted revocable living trust can hold the homestead and still pass it outside of probate
Best Practices for Planning Around Your Homestead
- Confirm title ownership and deed language is correct
- Make sure your estate plan complies with Florida’s homestead inheritance rules
- Use a revocable living trust with homestead-specific clauses if you want to avoid probate
- Do not use generic online trust templates — Florida law is strict and technical
Protect Your Home, Your Rights, and Your Family
- Florida homestead law is powerful but easy to misapply
- Smart planning can prevent lawsuits, save your family time, and preserve your home’s value
- We’ll help you structure your estate to align with homestead protections and avoid surprises
Every estate plan involving real property in Florida should take homestead into account. Your home is more than an asset — it’s your legacy.