When a loved one passes away, one of the first questions families often ask is:
“What happens to the house?”
For many families, a home is one of the largest assets involved after someone dies. It may also be where a surviving spouse or family member still lives, where personal belongings are located, or an asset the family eventually hopes to sell.
But a house does not automatically get handled the same way in every Florida Estate.
What happens can depend on how the property was titled, whether it qualifies as Florida homestead, whether there are surviving family members, what the Estate Planning documents say, and other circumstances.
Here are some of the important questions families should understand.
First: Does the House Even Have to Go Through Probate?
Not every home becomes a Probate asset.
One of the first things to review after an owner dies is how the property was titled.
For example, ownership with another person may include survivorship rights depending on how title was held. Property may also have been transferred through an Estate Planning strategy during the owner’s lifetime.
If the deceased person owned the property individually, however, Probate or another court proceeding may be necessary to determine what happens next.
This is why reviewing the deed can be just as important as reviewing the Will.
What If the Home Was the Decedent's Florida Homestead?
Florida homestead deserves special attention.
Florida’s Constitution places restrictions on how homestead property may be devised when the owner is survived by a spouse or minor child. Florida law also provides special protections relating to homestead property and creditor claims.
Because of these rules, families should not assume that a house will be treated exactly like a bank account or other Estate asset.
Questions such as whether the property was the decedent’s permanent residence, who survives the decedent, and how the property was titled can all matter.
Does the Will Decide Who Gets the House?
A Will can be very important, but it is not the only thing that determines what happens to real estate.
Before looking only at what the Will says, an attorney may also need to consider:
- How the property is titled
- Whether there is a surviving co-owner
- Whether the property qualifies as homestead
- Whether the decedent was married
- Whether the decedent had minor children
- Whether a Trust or other Estate Planning arrangement is involved
Florida’s homestead rules can restrict a person’s ability to leave homestead property through a Will in certain family circumstances.
So the question isn’t always simply, “What does the Will say?”
Can the Family Sell the House During Probate?
Potentially—but families should be careful about assuming they have authority to sell property immediately after a death.
In a Formal Administration, the court may appoint a Personal Representative to administer the Estate. Florida law gives a Personal Representative various powers relating to Estate property, subject to the Will, Florida law, and the circumstances of the Estate.
Real estate transactions during Probate can involve additional considerations, particularly when homestead property is involved.
Before listing, selling, transferring, or signing documents involving the property, it is important to determine who actually has authority to act.
Who Takes Care of the House While Probate Is Pending?
Even when everyone agrees about what should eventually happen to the property, there can be a period when the Estate is still being administered.
Meanwhile, practical issues continue:
Who maintains the property?
What happens with insurance?
Who pays necessary expenses?
What happens to the belongings inside?
Is someone currently living there?
These practical questions can become just as important as the eventual distribution of the property.
One of the responsibilities associated with Estate administration can include protecting and preserving Estate property while the administration is pending.
That is one reason families should seek guidance before making major decisions about a deceased person’s property.
What About the Mortgage?
A person’s death does not automatically mean that a mortgage disappears.
If the home has a mortgage, families need to determine how the loan and property will be handled as part of the larger Estate situation.
This can become especially important when a surviving family member wants to remain in the home or when the beneficiaries ultimately plan to sell it.
Rather than making assumptions about the mortgage, families should gather the loan information and discuss it with the appropriate professionals as early as possible.
What If Family Members Disagree About the House?
Real estate can be one of the most emotional parts of an Estate.
One beneficiary may want to keep the home.
Another may want to sell it.
Someone may already be living there.
Others may be concerned about expenses, repairs, personal property, or how long the Probate process is taking.
Those disagreements can make Estate administration more complicated.
Understanding who owns the property, who has authority to make decisions, and what the Estate Planning documents and Florida law require can help clarify what options are available.
Don't Forget About the Deed
After someone passes away, families naturally start looking for the Will.
But when real estate is involved, don’t forget about another important document:
The deed.
The deed can help determine how the property was owned immediately before death, which can significantly affect what happens afterward.
If you’re preparing to meet with a Probate attorney about a Florida Estate that includes real property, having a copy of the deed—or at least the property address—can be helpful.
Every House Is Not Handled the Same Way
There isn’t one universal answer to:
“What happens to the house when someone dies?”
The answer may depend on the deed, homestead status, Estate Planning documents, surviving family members, debts, and the type of Probate proceeding involved.
That’s why reviewing the entire situation matters before a family sells, transfers, or makes other significant decisions involving the property.
At the Law Office of Lori Vella, we help Florida families understand the Probate process and what steps may be needed when an Estate includes real property.
Contact our office if you have questions about Probate and a loved one’s Florida property.
This article is for general informational purposes only and is not intended as legal advice.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.