Florida Homestead in Probate: When the Family Home in Port St. Lucie Is Protected and Who Can Sell It
When a parent dies in Port St. Lucie, the family home is often treated differently from everything else they owned. Florida homestead probate rules can take the house out of the estate, decide who inherits it the moment of death, and change who has to sign the deed. This guide explains those rules in plain words and in the order a sale usually follows.
This guide explains how the real estate side of probate usually works in Florida. It is not legal or tax advice. Every estate is different, so confirm your next step with a Florida probate attorney and, for taxes, a CPA.
The Short Answer
Protected homestead usually is not part of the probate estate the personal representative controls. At death, title passes to the surviving spouse or heirs named by the Florida Constitution and section 732.401, or to the people the will validly names. Those new owners, joined by a living spouse, normally sign the deed. A probate attorney confirms the status first.
- Inside a city, homestead protection covers up to one-half acre of contiguous land; outside a city, up to 160 acres (Florida Constitution, Article X, Section 4(a)).
- A homestead cannot be left by will when the owner leaves a spouse or a minor child, except to the spouse when there is no minor child (Florida Statutes, section 732.4015).
- When the restriction applies and there is a spouse and descendants, the spouse takes a life estate and the descendants take the remainder (Florida Statutes, section 732.401).
- The spouse may instead elect a one-half interest as tenant in common, within 6 months after the death (section 732.401(2)).
- Protected homestead is not an estate asset the personal representative controls, and section 733.608 gives no power to sell it (Florida Statutes, section 733.608).
- A home held in joint tenancy with right of survivorship or tenancy by the entireties is not protected homestead under the Probate Code (Florida Statutes, section 731.201(33)).
In this guide
- What does Florida homestead probate mean for the family home?
- Is Mom’s house part of the probate estate?
- Who inherits when a spouse or minor child survives?
- Who has to sign the deed?
- Can a personal representative sell homestead property?
- How is homestead status confirmed before a closing?
- Port St. Lucie, Tradition or Palm City: does it matter?
- Does homestead protect the house from debts?
- What happens to the tax exemption?
- What order does a homestead sale usually follow?
- Frequently asked questions
What Does Florida Homestead Probate Mean for the Family Home?
I am sorry you are dealing with this. Losing a parent or a spouse is hard enough without a stack of legal words on the kitchen table.
In Florida homestead probate, one word causes most of the confusion. Florida uses “homestead” for three different things, and mixing them up is where most delays start.
| Meaning of “homestead” | What it does | Where it comes from |
|---|---|---|
| Tax exemption | Lowers the taxable value on the property tax bill while the owner lives there | Section 196.031 |
| Protection from creditors | Keeps most creditors from forcing a sale of the home | Florida Constitution, Article X, Section 4(a) and (b) |
| Limits on who can inherit | Stops the owner from leaving the home by will to someone other than the spouse when a spouse or minor child survives | Article X, Section 4(c) and section 732.4015 |
Protected homestead is the Probate Code’s name for a home that keeps the creditor protection after the owner dies. The definition sits in Florida Statutes, section 731.201(33): it is the property described in the Constitution on which, at the owner’s death, the exemption passes to the surviving spouse or heirs.
Here is the corrective point. The homestead exemption printed on Dad’s tax bill does not settle the probate question. It is a strong clue, but the tax exemption and protected homestead status are decided under different rules, by different offices. The Property Appraiser handles the tax exemption. In a probate case, the court can decide protected homestead status.
So the first job is not to list the house. The first job is to find out which kind of homestead you have, because that decides who owns the house today.
Is Mom’s House Part of the Probate Estate?
Often, no. Under Florida homestead probate rules, the home can pass outside the estate, which surprises many families in Port St. Lucie.
The probate estate is the property the personal representative manages for the court. A personal representative is the person the court appoints to gather the assets, pay valid debts and distribute what is left. Florida law treats protected homestead differently. Under section 733.608(1), protected homestead is left out of the estate assets the personal representative controls.
The personal representative still has a limited role. Under section 733.608(2), if the house is empty, the personal representative may take possession of an apparent homestead only to preserve, insure and protect it. There is no duty to rent it out.
When the house is not protected homestead
Some homes never become protected homestead, even though the owner lived there. Two common cases:
- Joint tenancy with right of survivorship, or tenancy by the entireties. Section 731.201(33) says real property owned this way is not protected homestead for purposes of the Probate Code. The surviving owner usually already owns the house by survivorship. Married couples often hold title by the entireties, so this case is common.
- A house in a trust. The devise limits still reach homestead held in a qualifying revocable trust (section 732.4015(2)), so the trust document does not end the homestead question. The attorney reads the trust and the deed together.
A third case needs the attorney most. With no spouse and no minor child, the owner may leave the house to anyone. If the will leaves it to someone who is not an heir, or tells the personal representative to sell it, the house may be treated as an estate asset. That turns on the exact words of the will.
The practical step: pull the last recorded deed from the St. Lucie County Official Records, then hand the deed and the will to the probate attorney. For a broader view of how the sale side works, see how probate home sales work in Florida.
Who Inherits the Homestead When a Spouse or Minor Child Survives?
This is where Florida homestead probate rules differ most from other states. The Constitution limits what a will can do.
Under Article X, Section 4(c) and section 732.4015(1), a homestead cannot be devised if the owner is survived by a spouse or a minor child. The one exception: the owner may leave it to the spouse if there is no minor child. To devise means to leave property by will or by trust (section 731.201(10)).
If the will breaks that rule, the law steps in. Section 732.401 sets the result:
| Who survives | Who usually owns the house after death | Source |
|---|---|---|
| Spouse and descendants, homestead not validly devised | Spouse: life estate. Descendants: vested remainder, per stirpes | Section 732.401(1) |
| Same, and the spouse files the election within 6 months | Spouse: one-half as tenant in common. Descendants: the other half | Section 732.401(2) |
| Spouse, no minor child, will leaves the home to the spouse | Spouse | Article X, Section 4(c) |
| No spouse, no minor child | Whoever the will names, or the heirs if there is no will (subject to the attorney’s review of the will) | Section 732.103 for heirs |
A life estate is the right to use the home for the rest of one person’s life. A vested remainder is the right of the children to own it outright when the life estate ends. The 6-month election is irrevocable, and before it is made, expenses are split between the spouse and the children under chapter 738 (section 732.401(3)).
When a spouse gave up homestead rights
A spouse can waive these rights. Section 732.702 allows a written waiver before or after marriage, signed in front of two witnesses, with fair disclosure required if it is signed after the wedding. Section 732.7025 also allows a waiver inside a deed, with wording close to: “By executing or joining this deed, I intend to waive homestead rights…” If either spouse signed a prenuptial or postnuptial agreement, give a copy to the attorney.
Who Has to Sign the Deed to Sell Protected Homestead?
The people who own it now. Because protected homestead passes to the spouse or heirs and not to the estate, the personal representative usually cannot sign alone. The Constitution also says an owner who is married must be joined by the spouse to sell a homestead (Article X, Section 4(c)).
The closing title agent sets the final signing list for each sale, and the requirements can vary by title insurer, so ask the title agent early who must sign. As a starting point for that conversation, the list often looks like this:
| Family situation | Who usually signs the deed | Documents to ask the title agent about |
|---|---|---|
| Owner was single, adult children inherit | Every adult child who holds title | Death certificate, order determining homestead |
| Spouse holds a life estate, adult children hold the remainder | The spouse and every child | Order determining homestead, all signatures |
| Spouse made the 6-month election | The spouse and every child, as tenants in common | Copy of the recorded election, order determining homestead |
| One remainder owner is a minor | A court-appointed guardian for the minor’s share, plus the adult owners | Guardianship order approving the sale |
| Home held by the entireties or with survivorship | The surviving owner | Death certificate, proof of survivorship |
| Home in a revocable trust | Usually the successor trustee, with the attorney’s review of homestead limits | Trust certification, trustee authority |
When an heir is a minor
A minor cannot sign a deed. Section 744.441(12) lets a guardian sell real property of the ward, including homestead property, after court approval. A parent’s power as natural guardian is limited by section 744.301, so plan for this step early.
Every owner signs, wherever they live. If the owners do not agree on selling, see selling an inherited house with siblings who disagree.
Can a Personal Representative Sell Homestead Property in Florida?
Usually not on their own, if the house is protected homestead.
For ordinary estate real estate, the power to sell comes from section 733.613. A will with a power of sale lets the personal representative sell without a court order. Without one, title does not pass until the court authorizes or confirms the sale. That process has its own guide: when a personal representative needs court approval to sell.
Protected homestead is different. It is excluded from the estate assets, and section 733.608 gives the personal representative no power to sell it. A power of sale in the will does not change who owns protected homestead.
So when can a personal representative sign? Two common situations, both for the attorney to confirm:
- The house is not protected homestead at all, so it is an estate asset under section 733.613.
- The owners of the homestead join the deed, so their signatures carry the title.
If the personal representative paid to protect the house, those costs can become a lien on it under section 733.608(7). Under section 733.608(12), the court can move that lien onto the sale proceeds so the sale can close. Ask the attorney whether any lien exists before you sign a contract.
How Is Homestead Status Confirmed Before a Closing?
Often with a court order. In Florida homestead probate, ask the closing title agent early what proof the title insurer needs that the people signing really own the house.
The probate attorney can ask the probate court to decide whether the house was protected homestead. The Florida Probate Rules set out that procedure, and the attorney can explain what the petition and the order must say in your case. In St. Lucie County, that petition is filed in the probate division of the Circuit Court, part of the 19th Judicial Circuit.
The attorney opens or reviews the probate case
The attorney confirms whether a petition to determine homestead is needed.
The petition is filed
It lists the property and the family members.
The judge rules on the petition
Ask the attorney what the order will say about who owns the house and in what shares, because the title agent will review it.
Ask whether the order will be recorded
Ask the closing title agent whether a certified copy of the order should be recorded in the county Official Records before the closing.
The title commitment is issued
The title agent lists the signers and any remaining requirements.
A listing agent can prepare the house while the order is pending, but should not set a closing before the title agent has a clear signing list.
Does It Matter Whether the Home Is in Port St. Lucie, Tradition or Palm City?
Yes, in one specific way: the size limit. The Constitution protects up to one-half acre of contiguous land inside a municipality, and up to 160 contiguous acres outside one (Article X, Section 4(a)(1)).
Port St. Lucie
Port St. Lucie is a city, so the half-acre limit applies. One-half acre is 21,780 square feet. Check the lot size on the parcel record of the St. Lucie County Property Appraiser and compare it with that figure. When the lot is well under the limit, the real question is who signs.
Tradition
Tradition is inside the City of Port St. Lucie, so the same half-acre limit applies. What makes Tradition different is the tax bill. Many Tradition homes carry Community Development District assessments. The Constitution’s protection does not reach “taxes and assessments” on the property (Article X, Section 4(a)), so those amounts still have to be paid, usually at closing. For how those charges work, see HOA and CDD fees in Tradition.
Palm City
Palm City is an unincorporated community in Martin County, not a city. A homestead outside a municipality can be protected up to 160 contiguous acres, which can matter for larger acreage parcels in Palm City. Check the parcel record of the Martin County Property Appraiser, or call that office, to confirm the parcel sits outside every municipal limit. The probate case would be filed with the Martin County Clerk’s Probate and Guardianship division, also in the 19th Judicial Circuit.
Does Homestead Protect the House From a Parent’s Debts?
Mostly, yes, with exceptions that matter at closing.
The Constitution exempts homestead from forced sale, and that exemption passes to the surviving spouse or heirs (Article X, Section 4(a) and (b)). Credit card debt and most medical bills generally cannot force a sale of protected homestead. The exceptions are written into the same sentence of the Constitution:
- taxes and assessments on the property;
- debts for buying, improving or repairing the property, such as a purchase mortgage;
- debts for labor performed on the property.
A recorded mortgage stays on the house. Two years after death, the estate and beneficiaries are generally not liable on unfiled claims, but recorded mortgages and liens are not affected (section 733.710). The mortgage is paid from the sale at closing.
Whether cash from selling a protected homestead keeps the same protection is a question for the probate attorney, asked before the money is distributed. The timing of payouts from an estate sale is covered in when probate sale proceeds can be paid out.
What Happens to the Homestead Tax Exemption After the Owner Dies?
The tax exemption follows its own rules.
To keep the exemption, someone must hold title and make the house a permanent residence on January 1 of the tax year (section 196.031(1)). An heir who lives in another state cannot carry it forward. After a change of ownership, the home is reassessed at just value on the next January 1 (section 193.155(3)).
The same section lists exceptions, including transfers to a surviving spouse and transfers to a spouse or minor children under section 732.401.
A house that loses its exemption may carry a higher tax bill the next year, which changes how long the family can afford to hold it. The full picture is in property taxes after the death of a parent. Moving the Save Our Homes benefit to a new home is a different topic, explained in homestead portability when selling.
What Order Does a Homestead Sale Usually Follow?
Every estate is different, but a Florida homestead probate sale tends to follow the same order. Here is how a listing agent in a probate sale usually works with the family’s probate attorney and the title company when the house may be homestead.
Read the deed and ask for the will
The agent pulls the last recorded deed to see how title was held, then asks the family to give the attorney the will, any trust and any prenuptial agreement.
Ask the attorney four questions
Is the home protected homestead? Who owns it now, and in what shares? Will the court enter an order determining homestead? Is any owner a minor or unable to sign?
Secure and insure the house
The agent can help the family find vendors for lawn care, pool service and locks. In Port St. Lucie, City Code Compliance requires grass on improved property under 12 inches (City of Port St. Lucie, Code section 41.08(B)).
Prepare a written pricing analysis
The agent gives every owner the same written analysis and a pre-listing plan, so the spouse and the children decide with one set of numbers.
Confirm every owner agrees to list
The listing agreement is signed by the people the attorney says own the home. When a guardian is needed, the agent waits for the guardianship plan before going live.
Open title early
Once a contract is signed, the title company receives the death certificate, the homestead order and every signer’s contact details, so missing signatures surface early.
Plan remote signings
Out-of-state owners sign through the method the title agent approves, and the agent tracks each package.
Jeannie Jacobson works in English and Spanish, which helps when one sibling lives in Port St. Lucie and another relative is more comfortable reading the paperwork in Spanish. For a full view of her probate services, start at the Port St. Lucie probate real estate hub.
What Clients Say About Working With Jeannie Jacobson
“I could not possibly say enough good things about Jeannie. We hired Jeannie to sell our mom’s house after our contract with another realtor expired… From showing to closing, Jeannie was amazing!”
Margaret Padilla, 24 Apr 2025, Google review
“I have had the privilege of working with her for both a home sale and purchase. As stressful as real estate can be, she made it all a breeze. She showed the utmost integrity and compassion throughout an emotional sale.”
Tonia Rossano, 31 May 2025, Google review
Frequently Asked Questions
Usually not alone when the house is protected homestead. Protected homestead is excluded from the estate assets the personal representative controls under section 733.608, and that section gives no power to sell it. The people who inherited the home, joined by a living spouse, normally sign. If the house is not protected homestead, section 733.613 governs the sale instead. A probate attorney decides which rule applies.
When a homestead is not validly left by will and the owner leaves a spouse and descendants, the spouse receives a life estate. Under section 732.401(2), the spouse may instead elect an undivided one-half interest as a tenant in common, with the descendants holding the other half. The election is irrevocable and must be made within 6 months after the death. An attorney prepares and files it.
Mostly. Article X, Section 4 of the Florida Constitution exempts homestead from forced sale and passes that protection to the surviving spouse or heirs. It does not protect against taxes and assessments, purchase-money or repair debts, or labor on the property. A recorded mortgage or reverse mortgage still has to be paid, usually from the sale at closing.
A minor cannot sign a deed. A guardian of the property can sign for the minor’s share after the court approves the sale, under section 744.441(12), which expressly includes homestead property. A parent’s power as natural guardian is limited by section 744.301. Families should ask the probate attorney early, because a guardianship adds its own court file and timeline.
Title companies often ask for one. A probate attorney can ask the probate court to decide whether the house was protected homestead, and the title agent reviews the order before closing. Whether your case needs that order is a question for the probate attorney and the closing title agent.
Only if a new owner qualifies. Section 196.031 requires title and permanent residence on January 1 of the tax year, so a child who lives elsewhere cannot carry it forward. Section 193.155(3) resets the assessment the next January 1 after a change of ownership, with exceptions for a surviving spouse, minor children under section 732.401 and certain dependents.
Start With Who Owns the House, Then Plan the Sale
Once the attorney confirms the homestead status and the owners, the sale can follow a clear order. Jeannie can walk the family through pricing, preparation and the signing plan in English or Spanish, working with your attorney and the title company.
Jeannie Jacobson, REALTOR®, RE/MAX Gold, (772) 877-0268, English and Spanish
Sources
- Constitution of the State of Florida, Article X, Section 4, Homestead; exemptions, The Florida Senate, https://www.flsenate.gov/Laws/Constitution (accessed October 2026)
- 2026 Florida Statutes, section 731.201, General definitions, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0731/Sections/0731.201.html (accessed October 2026)
- 2026 Florida Statutes, section 732.401, Descent of homestead, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.401.html (accessed October 2026)
- 2026 Florida Statutes, section 732.4015, Devise of homestead, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.4015.html (accessed October 2026)
- 2026 Florida Statutes, section 732.103, Share of other heirs, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.103.html (accessed October 2026)
- 2026 Florida Statutes, section 732.702, Waiver of spousal rights, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.702.html (accessed October 2026)
- 2026 Florida Statutes, section 732.7025, Waiver of homestead rights through deed, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.7025.html (accessed October 2026)
- 2026 Florida Statutes, section 733.608, General power of the personal representative, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.608.html (accessed October 2026)
- 2026 Florida Statutes, section 733.613, Personal representative’s right to sell real property, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.613.html (accessed October 2026)
- 2026 Florida Statutes, section 733.710, Limitations on claims against estates, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.710.html (accessed October 2026)
- 2026 Florida Statutes, section 744.301, Natural guardians, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/Sections/0744.301.html (accessed October 2026)
- 2026 Florida Statutes, section 744.441, Powers of guardian upon court approval, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/Sections/0744.441.html (accessed October 2026)
- 2026 Florida Statutes, section 196.031, Exemption of homesteads, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0196/Sections/0196.031.html (accessed October 2026)
- 2026 Florida Statutes, section 193.155, Homestead assessments, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0193/Sections/0193.155.html (accessed October 2026)
- Probate and Guardianship, Martin County Clerk of the Circuit Court and Comptroller, https://www.martinclerk.com/199/Probate-Guardianship (accessed October 2026)
- Common Residential Code Violations, City of Port St. Lucie Code Compliance, https://www.cityofpsl.com/Government/Your-City-Government/Departments/Neighborhood-Services/Code-Compliance/Common-Residential-Code-Violations (accessed October 2026)