Florida Constitutional Homestead in Probate
Under Article X, Section 4 of the Florida Constitution, protected homestead real property that descends to lawful heirs is shielded from the claims of estate creditors and passes outside of probate administration.
Exclusion from Rule 5.346 Probate Accounting
Because protected homestead is not a probate asset subject to personal representative administration, it must NOT be included in:
- Schedule E (Assets on Hand) of the Rule 5.346 fiduciary accounting;
- The statutory fee base for calculating personal representative ordinary commissions under Fla. Stat. § 733.617;
- The creditor satisfaction pool under Fla. Stat. § 733.707.
Petition to Determine Homestead Status
Instead of appearing in the accounting, homestead property is transferred via a separate Petition to Determine Homestead Status of Real Property. Once the judge signs the Order Determining Homestead, legal title vests in the heirs retroactive to the decedent's exact moment of death.