A common scenario I see is where a parent, who lives in Florida, passes away and their children have to figure out what to do about their parent’s Florida primary residence. In some cases, they may decide to sell it, only to find out, after they enter a contract, that it needs to go through probate. Homestead property is technically not part of a decedent’s probate estate, but it still requires an order from a probate court to be sold or inherited. The order is called an Order Determining Homestead.
If the deceased homeowner is survived by a spouse or minor child, then the spouse or minor child (through a guardian) would automatically inherit the homestead. Thus, if the deceased is survived by a spouse or minor child, then the homestead does not need to go through probate. A court might need to be involved to appoint a guardian for the child.
It should be noted that if the homestead is in a trust or lady bird deed, then probate could be avoided. If it is not in a trust or lady bird deed and the decedent is not survived by a spouse or minor child, then the beneficiaries will need to get an Order Determining Homestead from the probate court before they can sell the property or inherit it. While a homestead is technically not part of the deceased homeowner’s estate, it may need to go through probate to confirm that the property is homestead.
