Resource Center
Florida Homestead & Inherited Property
Florida's Constitution (Article X, Section 4) gives a person's primary residence special protection. These homestead rules can significantly change who inherits a home and how it is handled after death.
Inherited Property Associates is not a law firm and does not provide legal or tax advice.
Protection from creditors
Protected homestead generally passes to heirs free of most of the deceased person's unsecured creditors. Mortgages, property taxes and certain other liens still apply.
Restrictions when a spouse or minor child survives
If the owner is survived by a spouse or minor child, Florida restricts how the homestead can be left by will. When those restrictions apply and there is no valid waiver, the surviving spouse typically receives a life estate (or may elect a one-half interest as a tenant in common), with the remainder going to the descendants.
Property taxes after death
The homestead exemption and the Save Our Homes assessment cap belong to the owner who lived there. After a change of ownership, the property is generally reassessed at market value as of the next January 1, which can raise the tax bill. An heir who makes the home their own permanent residence may apply for a new exemption.
No Upfront Costs
One call, every solution.
Tell us what you're facing. We'll listen, explain your options in plain language and handle the complexities from there.