Usually, the death of the homeowner will not cause the homestead to immediately lose its protected status. The homestead protections remain until the year following the homeowner’s death, unless the homeowner is survived by a spouse or minor children. If the deceased is survived by a spouse or minor children, then the spouse or minor child automatically inherit the homestead and its protections.
While it is usually the case that the death of the homeowner does not cause the immediate loss of homestead protections, there is an exception. That exception is where the homeowner dies with a will that requires the homestead to be sold at the homeowner’s death. If the homeowner is survived by a spouse or minor child, the homestead cannot be sold, but if the homeowner is not survived by a spouse or minor children, then the homestead can be sold and the homestead protections would end immediately with the death of the homeowner.
