Glossary · Inheritance and Family Rights
Florida Homestead
Florida’s constitutional protection for a primary home, affecting creditors, taxes, and who can inherit it.
Florida homestead is really three protections in one. It shields a primary residence from most creditors, it caps property tax increases through the Save Our Homes assessment limit, and it restricts how the home can be left at death.
The creditor protection is among the strongest in the country. It has no cap on the home’s value, only limits on lot size, which is why a Florida home is often the most protected asset a family owns.
The inheritance side surprises people. If the owner is survived by a spouse or a minor child, Florida limits leaving the homestead to anyone else. A will that gives the home to the wrong person can be overridden by these rules.
In Florida
Homestead protection comes from the Florida Constitution, not just a statute. The catch at death: if there is a surviving spouse or a minor child, the owner cannot freely devise the homestead. The constitution dictates who takes it and in what form, regardless of what the will says.
Common questions
Does homestead property count toward Florida probate limits?
Protected homestead is generally treated as exempt and is not counted toward the 75,000 dollar summary administration threshold.
Can I leave my Florida home to anyone I want?
Not always. If you have a surviving spouse or a minor child, the Florida Constitution restricts who can receive the homestead.
Related terms
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Florida Homestead under Florida law and does not constitute legal advice. Every family and estate is different.