Does my homestead need to go through probate when I pass away?

Homestead property can be subject to probate depending on various factors, such as how the property was titled and if there was a living trust or transfer on death deed created. Depending on the circumstances, homestead can be subject to a full formal probate proceeding or a more simplified status determination. Florida specifically restricts the devise of homestead if there is a spouse or minor child. Sometimes homestead may be considered a protected asset and exempt from forced sale from creditors if the homestead protection is not destroyed. It is crucial to consult with a Florida attorney to navigate the intricacies of the homestead laws as they relate to probate, ensuring proper compliance.