How Florida Homestead Works in Probate

Florida homestead plays a unique role in probate administration.

When a decedent dies owning property that qualifies as Florida homestead, the general rule is that the property is not available to pay unsecured creditor claims, even if the estate has no other assets.

In practical terms:

• Unsecured creditors cannot place judgment liens on homestead property
• The personal representative generally cannot sell homestead property to pay unsecured debts
• The property typically passes outside the probate estate to the heirs
• Unpaid unsecured debts may remain unpaid

This result flows directly from the Florida Constitution, not from the Probate Code’s creditor-priority scheme.

Florida Statutes section 733.707 governs the order of payment of estate obligations, but it does not override constitutional homestead protection. If property is protected homestead, it is effectively removed from the pool of assets available to unsecured creditors.

Exceptions

Homestead protection does not apply to:

• Mortgages and other voluntary liens
• Property taxes and assessments
• Mechanics’ and construction liens
• Federal tax liens

In addition, if the property does not qualify as homestead at death—because it was abandoned, not the decedent’s permanent residence, or otherwise disqualified—the protection may not apply.

Homestead status in probate is often determined through a court proceeding, particularly where creditor claims or competing heirs are involved.