Florida Homestead: Exemption, Protection, Inheritance

Last updated September 30, 2026

“Homestead” in Florida means three separate protections: a property-tax exemption, powerful creditor protection (Article X, Section 4 of the Florida Constitution), and restrictions on how the home can be left at death (§732.401 and §732.4015, Florida Statutes). The last one trips up the most families — you cannot freely will your homestead if you have a spouse or minor child. This is general information about Florida law, not legal advice.

1. The property-tax exemption

If you own and occupy your home as your permanent residence, you can claim a homestead exemption that reduces taxable value by up to $50,000, plus the “Save Our Homes” cap that limits annual assessed-value increases to 3% (or CPI, if lower). You apply through your county property appraiser.

2. Creditor protection

Florida’s constitutional homestead creditor protection is among the strongest in the country. There is no cap on value — only on area (½ acre in a municipality, 160 acres outside one). Most creditors cannot force the sale of a qualifying homestead, and the protection can pass to heirs.

The limits

It does not block everything — mortgages, property taxes, and certain liens (for example, construction liens on the property) can still reach the home. And the property must actually qualify as homestead.

3. The inheritance restriction (the one that surprises people)

If you are survived by a spouse or a minor child, Florida restricts how your homestead can be devised. A will provision that violates the rule is void, and the constitution controls instead.

Surviving spouse, no minor child

The homestead generally passes as a life estate to the surviving spouse with a remainder to descendants — but the spouse may elect, within a set time, to take a one-half tenancy-in-common interest instead (§732.401).

Minor child

If there is a minor child, the homestead generally cannot be devised at all and passes by the constitutional scheme. Planning around this requires care.

No spouse or minor child

If you have neither, you can devise the homestead freely — though it may lose some protections in the recipient's hands depending on who inherits.

Read the homestead rules — free

HomesteadClear states the general rules for every situation — who may inherit a Florida homestead, how Art. X §4 and §§732.401–.4015 treat a surviving spouse and minor children, and what a devise can and cannot do — each rule cited, with the questions to raise with a lawyer of your choice. It does not evaluate your home or tell you what to do.

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Homestead rules can quietly rewrite who inherits a home. The Learning Center explains the constitutional rule; the free trustee role check is here if you are administering a trust.

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General information about Florida law, not legal advice. Homestead is fact-specific and constitutionally based — confirm your situation with a licensed Florida attorney. EstateDraftFL is software, not a law firm.

Frequently asked questions

What does the Florida homestead exemption actually protect?

Three different things, which often get confused: (1) a property-tax exemption that lowers your assessed value and caps annual increases (Save Our Homes); (2) protection from forced sale by most creditors, under Article X, Section 4 of the Florida Constitution; and (3) restrictions on how the homestead can be left at death if you have a spouse or minor child.

Can I leave my Florida homestead to anyone I want in my will?

Not freely, if you are survived by a spouse or a minor child. Florida's constitution and §732.4015 restrict the devise of homestead in that situation. A devise that violates the rules is void, and the home passes under the constitution instead — typically a life estate to the surviving spouse with the remainder to descendants, or the spouse may elect a one-half tenancy-in-common interest.

How much is the Florida homestead creditor protection?

There is no dollar cap on value. The protection is limited by area — up to one-half acre within a municipality, or up to 160 acres outside one. A qualifying homestead generally cannot be force-sold by most creditors during life, and that protection can carry over to heirs.

How much does the homestead tax exemption save?

Florida's homestead tax exemption can reduce a home's taxable value by up to $50,000, and the 'Save Our Homes' cap limits annual increases in assessed value to 3% (or the change in CPI, if lower). You must own and occupy the home as your permanent residence and apply with the county property appraiser.

Does a lady bird deed affect homestead protections?

A properly drafted Florida lady bird deed is generally designed to preserve homestead tax and creditor protections during life while passing the property at death without probate — but the devise restrictions still apply if you have a spouse or minor child. It should be drafted with those rules in mind.

General information about Florida law, not legal advice.

Florida Homestead: Exemption, Protection & Inheritance