Florida homestead is generally protected from the claims of creditors, even after death. It’s quite typical for clients to call me and tell me “all that mom left behind was some real estate”.
My first question is always: “Was it her homestead? Her principal place of residence or domicile?”
If yes, then the estate is eligible for Summary Administration in the Florida probate system, even if the value of the homestead is more than $75,000.
If no, then the fair market value is a factor. Non-homestead property (vacation homes, rental homes or second homes) are not exempt from the claims of creditors and thus, the value must be considered when determining if summary administration is an option.
