Inheriting a Florida homestead: what heirs need to know

What protected homestead means

When a Florida resident owns and lives in their home, that home is usually their homestead. When they die, the home may become what lawyers call protected homestead. Two big things follow from that.

• Creditors generally can't reach it. Most of the person's debts, such as credit cards and medical bills, are paid from other estate assets, not from the house. A mortgage on the house is different, because it's secured by the property itself.
• It may not count toward probate limits. Because protected homestead is exempt from creditors, its value isn't counted toward the $150,000 limit for summary administration. That's why many estates with a valuable home still qualify for the faster process.

We're not attorneys. Whether a particular house is protected homestead is a legal question for the estate's attorney and, ultimately, the court.

When there's a spouse or a minor child

This is where homestead law surprises people most. If the owner was survived by a spouse or a child under 18, Florida limits what a will can do with the home.

• Spouse and no minor child: the owner can leave the homestead to the spouse. A will that leaves it to someone else generally doesn't control the home.
• A minor child survives: the owner generally can't leave the homestead away from the family through the will.
• When the will doesn't control: Florida law sets how the home passes. When a spouse and descendants survive, the spouse typically receives a life estate, the right to live there for life, with the descendants owning the rest. The spouse may instead be able to elect to take a half interest, but that election generally must be made within six months of the death. The attorney will explain which applies.

A spouse can sometimes waive homestead rights ahead of time in a written agreement, such as a prenuptial agreement. If there's no spouse and no minor child, the owner can generally leave the home to anyone in the will.

The order determining homestead

A title company won't insure a sale of an inherited homestead on assumptions. The probate attorney asks the court for an order determining homestead. That order states that the house was protected homestead and names who received it.

The order does two practical things:

1. It clears the house of most creditor claims for purposes of title.
2. It tells the title company exactly who must sign the deed. Every heir with a homestead interest must sign the sale, including a spouse with a life estate and every descendant who holds the remainder.

If one of those people is a minor, extra steps may be needed for someone to sign on the child's behalf. Ask the attorney early, because it can affect your timeline.

The property tax reset after a death in Pinellas

This catches many families off guard. While a Florida owner lives in their homestead, they get a homestead exemption, and the Save Our Homes cap limits how much the assessed value can rise each year. Over many years, the taxable value can end up far below the market value.

When the owner dies, the exemption and the Save Our Homes cap end. The Pinellas County Property Appraiser reassesses the property for the next year. For a house the person owned a long time, the tax bill can jump sharply.

If a surviving spouse keeps living in the house, or an heir moves in and makes it their own permanent home, the situation can be different. Call the Pinellas County Property Appraiser and ask about your specific case.

Selling an inherited homestead

1. Confirm homestead status. The attorney reviews where the person lived and who survived them.
2. Choose the probate type. Because protected homestead is exempt, many estates qualify for summary administration under the $150,000 limit.
3. Get every homestead heir on board. A spouse with a life estate and the descendants all need to sign.
4. Obtain the order determining homestead along with the probate order.
5. Close. Any mortgage, back taxes, or liens are paid from the sale at closing.

When Pinellas Probate Home Buyers buys an inherited homestead, an independent licensed Florida probate attorney prepares the filings, including the homestead petition. We pay the probate cost, typically about $3,000, and it isn't deducted from the heirs' share.

Questions worth asking before you decide anything

• Did the person live in the house as their permanent home when they died?
• Was there a spouse? A child under 18?
• Was the house titled only in their name, or jointly, or in a trust?
• Is there a mortgage or reverse mortgage on the house? See our reverse mortgage guide if so.
• If someone in the family wants to live there, can they afford the reassessed taxes and insurance?
• Are there papers in the house, such as an old deed, a prenuptial agreement, or a trust document, that could change the answer?

Bring the answers to your first call with the attorney. They shape almost every decision that follows, from which probate the estate needs to who signs at closing.

We’re a home-buying company, not attorneys. This page is general information about Florida probate, not legal advice; an independent licensed Florida probate attorney represents the estate in every probate we pay for. Last updated November 2026.