The Reyes family’s biggest worry after their mother died was the house, a modest single-family home east of Federal Highway in Boca Raton that she had owned for thirty years. Could creditors take it? Would it have to be sold to settle debts? In Florida, the family home, the homestead, plays by its own special rules, and understanding them changed everything for the Reyes family.
What Makes a Property Homestead
Florida homestead is the decedent’s primary residence, protected under Article X, Section 4 of the Florida Constitution. For the Reyes home, this meant strong protection from most creditors during life and at death. Homestead is not automatic in probate, though; the court must enter an order determining that the property qualified as homestead.
Why Homestead Is Shielded From Creditors
The Reyes family feared their mother’s medical bills would consume the house. In most cases, Florida homestead that passes to a spouse or heirs is protected from the claims of the decedent’s creditors. Limited exceptions exist, such as mortgages, property taxes, and contractors who improved the home, but a general creditor usually cannot force a sale of homestead that descends to family. That protection is one reason homestead is excluded from the value calculation for summary administration.
Who Inherits the Homestead
Homestead does not always pass exactly as a will directs. Florida restricts how homestead can be devised when there is a surviving spouse or minor child. If a spouse and descendants survive, the spouse typically receives a life estate (or can elect a one-half interest), with the remainder to the descendants. Because the Reyes children were all adults and their father had predeceased, the home passed to them under the will without those restrictions, but families with a surviving spouse or minor child should expect the special rules to apply.
How Homestead Moves Through Probate
Even protected, homestead usually still requires a court order determining homestead status before title is clear. The Reyes family obtained that order, which confirmed the property was exempt and vested in them. Without it, a future buyer or title company may balk at the chain of title, so this step matters even for a tidy inheritance.
Avoiding Probate on the Home: Lady Bird Deeds
The Reyes case prompted relatives to plan ahead. Florida allows an enhanced life estate deed, commonly called a Lady Bird deed, which lets an owner keep full control of the home during life, including the right to sell or mortgage it, while naming who receives it automatically at death, outside probate. A revocable living trust under Chapter 736 is another common tool for keeping the family home out of probate. Each option has trade-offs and should be matched to the family’s goals.
A Tax Relief Worth Noting
For all the complexity of homestead, the Reyes family had one less thing to fear: Florida has no state estate or inheritance tax, so inheriting the Boca Raton home did not trigger a state death tax.
A Note for Boca Raton Families
Homestead is one of the most powerful, and most misunderstood, features of Florida probate. Whether you are inheriting a Boca Raton home or planning to pass one on, consult a licensed Florida probate attorney to confirm how the homestead rules apply to your family and to clear title properly.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
