Petition to Determine Homestead in Florida
Probate is a process that unfortunately always occurs after the death of a loved one when family members are grieving and may not have total clarity around financial and estate matters. Therefore, if your estate qualifies for Summary Administration, this can substantially lift some of the burden of going through the entire probate process. You may be eligible for Summary Administration if you meet certain qualifications and can provide an Order Determining Homestead in Florida.
What is an Order Determining Homestead Status of Real Property in Florida?
Florida homestead law allows significant protections and benefits to the surviving family members of a Florida Resident who owns a “homestead” property. A homestead property describes any home that was used as a primary residence. As a special kind of asset, it passes automatically to the heir(s) under Florida law; however, the heirs may not have clear title. Without clear title, these heirs are unable to sell the home. Therefore, title companies will require an Order Determining Homestead prior to issuing a title policy.
Where the homestead is the only asset in the decedent’s estate, the person’s representative may be entitled to summary administration. An Order Determining Homestead in Florida can greatly expedite this process. Many state courts will allow a person to file this order at the same time the estate files an Order of Summary Administration, a process that can often allow probate to be completed within a couple of months.
Qualified Florida Homestead Law Professionals
Our estate planning and tax lawyers have considerable experience in dealing with the Order Determining Homestead Florida Laws. We assist our clients in obtaining Florida homestead tax benefits, securing powerful Florida homestead creditor protections and planning around the Florida homestead transfer restrictions. Our Florida probate and estate attorneys are here to assist you throughout the process and can help you clear any outstanding title issues by working with the appropriate entities to ensure title on the home is completely clear. Our experienced Florida homestead attorneys can work to ensure the assets are properly passed on to the deceased’s heirs.
Should a person try to sell a home without a proper Order Determining Homestead, they may subject themselves to intense legal proceedings if the title is not cleared for sale. This can cause long and protracted litigation around the proper ownership of the home, which is why it is incredibly important to have an attorney who can help you work through these matters. A qualified Order Determining Homestead Florida attorney can ensure the document is drafted and executed correctly and fully conforms to Florida homestead law.
