Updated November 4, 2026
Two meanings of 'homestead'
In Florida, "homestead" means two related things. One is the property tax exemption that lowers taxes on a person's permanent residence. The other is constitutional protection of the primary residence, which affects who can inherit it and whether creditors can reach it. Both can matter when you inherit a home.
This guide is general information. Talk to a Florida probate attorney and a tax professional about your situation. This site is general information, not legal or tax advice.
Who can inherit a homestead
Under Fla. Stat. 732.4015, protected homestead generally cannot be devised (left by will) if the owner is survived by a spouse or a minor child. The exception is that it may pass to the spouse when there are no minor children. For this purpose, the law also covers certain trust dispositions of what would have been the owner's homestead.
So a will that leaves the family home to a sibling or friend may not work the way the writer expected if the owner left a spouse or minor child.
When homestead is not devised
Under Fla. Stat. 732.401, if the homestead is not validly devised, it passes under the regular intestacy rules, except when the owner leaves both a spouse and descendants. In that case:
- The surviving spouse takes a life estate (the right to live there for life).
- The owner's descendants take a vested remainder (they own the house after the spouse's life estate ends).
- Instead of the life estate, the spouse may elect, within 6 months after death, to take an undivided one-half interest as a tenant in common, with the other half going to the descendants. The election is irrevocable and made by recording a notice.
The section does not apply to property held as tenants by the entirety or in joint tenancy with right of survivorship, which pass by survivorship instead.
Why this matters for selling
If a spouse holds a life estate, the descendants cannot simply sell the house on their own. The spouse and descendants may all need to participate. Ownership questions should be settled, often by a court order determining homestead, before listing.
Under Fla. Stat. 733.608, a personal representative may, but is not required to, take possession of unoccupied property that appears to be protected homestead to preserve it while ownership is determined.
The homestead tax exemption after a death
The Florida Department of Revenue says the homestead exemption does not apply to the property in the year after the owner dies. If the owner was married, it continues under the surviving spouse. If another person owned as a joint tenant with right of survivorship and already qualified and lived there, the exemption continues under that person.
The Pinellas County Property Appraiser says notifying the office is especially important when the sole owner of a homestead dies, because the benefit belonged only to the sole owner, and the new owner needs to take steps to prevent costly liens for undeserved exemptions. It asks for a death certificate and probate filings such as an Order Determining Homestead or a Personal Representative deed.
If you will live in the house
The Property Appraiser notes that the exemption does not carry over automatically; a new owner must apply, and the filing deadline is March 1. The Save Our Homes cap, which limits yearly increases in assessed value, begins in the second year of a new owner's homestead. Call the Property Appraiser at (727) 464-3207 to ask how your situation is handled.
Next step
Talk to a Florida probate attorney and a tax professional about your situation. This site is general information, not legal or tax advice.
Disclosure: Pinellas Inherited Home Help is part of TheBayPros. TheBayPros' owner is related to Krystal Crichlow of eXp Realty, who may be among the licensed local agents introduced to you. You can choose any agent you like.
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Frequently asked questions
Can my parent's will leave the house to me if they were married?
If the owner was survived by a spouse or minor child, Florida generally restricts devising homestead. The spouse may take it if there are no minor children. Ask a Florida probate attorney.
What is a life estate?
A right to live in the home for life. In the common spouse-and-descendants case, the spouse gets a life estate and the descendants own the remainder.
Do I keep my parent's lower tax bill?
The Property Appraiser says the homestead benefit belonged to the owner. Ask the Property Appraiser how your parcel will be assessed, and plan for a possible increase.