Homestead Petition

🏡 What Is a Homestead Petition in Probate?

A Homestead Petition is a legal request filed in probate court asking the court to designate a deceased person’s primary residence as a "homestead" for the benefit of their surviving spouse or minor children. This protects the home from being used to pay most creditors and may allow the family to continue living there or retain ownership without it being sold.

⚖️ Legal Purpose

• To protect the family home during probate.

• To shield the property (fully or partially) from creditor claims.

• To ensure that surviving family members — especially a spouse or minor children — are not left homeless.

👤 Who Can File?

• Surviving spouse

• Minor or dependent children

• The personal representative, on behalf of the surviving family

✅ What It Typically Includes:

1. Name of the deceased

2. Legal description of the property

3. Statement that the property was the primary residence of the deceased

4. Names and relationships of surviving spouse or minor children

5. Request for the court to designate the home as protected homestead

6. Sometimes includes a property appraisal

🧾 Effect of the Homestead Designation:

• The home is excluded from probate creditors, except:

  • Mortgage holders (secured debt)

  • Property taxes

• The home passes directly to the surviving spouse or heirs (as protected homestead), rather than being sold to pay estate debts.

• Property tax exemptions may continue for the surviving spouse in some states (like Florida).

📍 State-Specific Rules:

• Homestead laws vary significantly by state.

• For example:

  • In Florida, the homestead is constitutionally protected and passes outside of probate (with specific legal procedures).