According to Florida law, a petition to determine homestead in probate is typically filed to change record title to the property or release the personal representative from any obligations related to the property:
Generally, petitions to determine homestead are initiated for the practical purposes of changing record title to the property or releasing the personal representative of any obligation regarding the property. See Rohan Kelley, Homestead Made Easy, Part I: Understanding the Basics, 65 Fla. B.J. 17, 20 (Mar.1991). Such proceedings are similar to actions for declaratory relief that explain or clarify existing rights rather than determine new rights.
In this case, it is not critical to decide whether the condominium was ever property of the estate. Instead, it is merely necessary to determine that the heirs’ homestead rights vested prior to the time the property was converted to cash. Because this property does not fall into the narrow exception created in Price, we conclude that the heirs’ homestead rights attached prior to the transfer and that the proceeds of that sale are protected from the claims of the decedent’s creditors
See: In re Estate of Hamel – 821 So. 2d 1276
Note: Since the title to the property is changed with the entry of an order of determining property as homestead, the real estate is exempt from the forced sale for the claims of the deceased owner’s creditors.
Related:
- Who Has Preference as a Personal Representative in Florida
- Powers and Duties of a Personal Representative in Florida
- Selling Real Estate During Probate in Florida
- Transfer of Florida Real Estate after Death
- Is A Widow Responsible For Her Husband’s Debt In Florida?
- Formal Probate Administrations
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