Can creditors really come after the home?

Generally no, if homestead applies. But "generally no" is not the same as "there's a court order saying no." The order ends the question. Without it, you can be 18 months past closing and still get a creditor demand letter.

Why is this a separate fee?

It's a separate petition with its own filing fee and notice requirements. We charge a flat $400 add-on rather than rolling it into the main fee, so you only pay if it actually applies.

← Florida Probate

Anyone inheriting a Florida homestead property

Determination of Homestead

Protect the family home from creditors. Often paired with another path.

The Florida homestead is one of the strongest creditor protections in American law — the family home (up to half an acre in a city, 160 acres outside) is exempt from most creditors during life and passes outside probate to the surviving spouse and minor children. But the protection only locks in if you ask the court to confirm it.

Determination of homestead is the petition that does that. It's almost always filed alongside another probate proceeding — summary or formal — as an add-on. The court issues a separate order specifically declaring that the property qualifies as homestead, which protects it from the deceased's general creditors and removes it from the inventory.

If you're inheriting a Florida home, this is almost never optional. Skipping it can leave the home exposed to creditor claims for years afterward. It's $400, takes minimal extra time, and gives you a clean title with the protection actually documented in the court file.

The fit

Who qualifies

The deceased owned a Florida home as their primary residence
Surviving spouse, minor children, or descendants are inheriting it
The property is half an acre or less within a municipality, OR 160 acres or less outside
The deceased had a homestead exemption on their property tax bill (a strong indicator — but not required)

The work

What we handle

Your flat fee covers everything below. No surprise invoices, no “billable hours” anxiety — the price is the price.

Verify the property qualifies under Florida Constitution Art. X § 4
Petition for Determination of Homestead Status
Notice to interested parties (creditors, beneficiaries)
Order Determining Homestead Status
Recording of the order in the county property records
Coordination with the title company on resale, if applicable

The process

How it works, step by step

01
Filed alongside main case
We draft and file the homestead petition together with your summary or formal administration petition. No separate consult needed if we're already engaged.
We handleBundled into the main engagement letter — one signature.
02
Court reviews, signs order
Most counties handle homestead determinations on the same docket as the main probate. Order typically issues within the same window as the main case.
We handleWe track both orders in tandem. Updates by SMS.
03
Record + protect
We record the order in the county property records. The homestead protection is now documented and locked in.
We handleWe handle the recording. You get a copy for your records.

The pitfalls

What we watch for

Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.

Skipping the petition entirely. Some attorneys close probate without addressing homestead, assuming "it's automatic." The protection is constitutional but the documentation isn't — without an order, a creditor can challenge years later.
Property over the size limit. Half-acre in a city, 160 acres outside. Acreage above that is not protected and may be partitioned.
No surviving spouse, no minor children, all descendants are adults. The protection still passes to descendants — but the rules differ. We confirm before filing.

The FAQ

Questions families ask us

The tax homestead exemption (Save Our Homes) and the constitutional creditor protection are different things. Tax exemption shows the property qualified during life; the order in probate documents the protection passes through to heirs. Both matter.

— From Rachel

If a Florida home is part of what you're inheriting, the homestead petition is the cleanest $400 you'll spend. We file it as part of the main case — one less thing to think about, one more piece of paper that protects the family home decades from now.