Your mother passed away. She had a will. The will says the house goes to you. You assumed it was just a matter of filing some paperwork and updating the deed. Then an attorney or title company told you that you still have to go through probate court — and you can’t understand why.
You’re not alone in that confusion, and the answer lies in one of the most misunderstood areas of Florida law: homestead property.
In Fort Lauderdale, a home that served as a person’s primary residence isn’t just real estate. It carries a special legal status under the Florida Constitution that follows it even after death — and that status changes everything about how the property can be transferred, regardless of what the will says.
Why a Will Isn’t Enough for Florida Homestead Property
Most people reasonably assume that a valid will is the final word on who inherits what. For most assets, that’s roughly true. But Florida homestead property operates under its own set of constitutional rules that supersede standard probate procedure.
When a Florida homeowner dies, before that property can be transferred to anyone — even a named beneficiary in a perfectly drafted will — the court must formally determine that the property qualifies as homestead. This is done through a legal proceeding called a Petition to Determine Homestead Status, filed in the probate court of the county where the property is located.
Until that petition is granted and an order is issued, no title company will insure the property, no deed can be recorded in the heir’s name, and the property cannot be sold, refinanced, or transferred. The will creates the right to inherit. The court order makes it real.
The Constitutional Reason Behind the Requirement
Florida’s homestead protections are among the strongest in the country. The state constitution limits who a homeowner can leave their primary residence to when they die — particularly if they have a surviving spouse or minor children. These protections exist to prevent a family home from being taken to satisfy debts or distributed in ways that leave dependents without shelter.
Because those constitutional protections attach to the property automatically, a probate court must examine the facts before any transfer can occur: Was this the decedent’s primary residence? Did they have a surviving spouse or minor children who have protected rights to the property? Does the will’s distribution comply with Florida’s homestead descent rules?
These aren’t rubber-stamp questions. If a will attempts to leave a homestead property in a way that violates the Florida Constitution — for example, leaving it to a non-spouse while a spouse is still living — the will’s instruction is void as to that property, regardless of the decedent’s intent.
What the Process Actually Looks Like
For a straightforward case — adult children inheriting from a parent with no surviving spouse and no minor children — the Petition to Determine Homestead is typically handled as part of a Summary or Formal Administration probate, depending on the size of the overall estate.
The petition identifies the property, establishes its homestead status, confirms the legal heirs, and asks the court to issue an order that can be recorded with the county clerk. Once that order is in hand, the deed can be updated and the property transferred cleanly with insurable title.
The timeline varies by county and court workload, but in Broward County and throughout South Florida, the process typically takes anywhere from a few months to the better part of a year for more complex estates.
Don’t Try to Shortcut the Process
Some heirs attempt to simply record a new deed based on the will alone. Title companies will not insure that title, which means the property effectively cannot be sold or mortgaged until the probate issue is properly resolved — sometimes years later and at significantly greater cost.
If you’re asking how to transfer a deceased parent’s house in Fort Lauderdale, the answer always runs through the probate court. The question isn’t whether to do it correctly — it’s finding the right firm to guide you through it efficiently.
Florida Planning and Probate is based in Fort Lauderdale and focuses exclusively on Florida estate administration and probate law. If you’ve inherited — or expect to inherit — a Fort Lauderdale homestead probate property and need to understand what comes next, we’re ready to walk you through it from petition to recorded deed.
