In short: In Florida, what happens to a parent’s house depends first on whether it was protected homestead. Protected homestead passes directly to the heirs or devisees and isn’t an asset the personal representative controls for creditors. Non-homestead real estate is an estate asset in the PR’s hands (§ 733.608) and can be sold with a power of sale in the will or court authorization. Either way, someone has to keep it insured, secured, and paid, because the mortgage and taxes don’t stop at death.
Mom dies. The house sits there, full of her things, with a mortgage payment due on the first. Matt ranks real estate among the top issues in every Florida probate, and the first question always comes back to one word: homestead.
Step One: Was It Protected Homestead?
Florida treats a homestead completely differently from all other real estate. Protected homestead passes outside the estate to the heirs or devisees, isn’t available to the decedent’s general creditors, and can’t be freely devised if there’s a surviving spouse or minor child. See surviving spouse homestead rights.
Matt’s warning: being named PR in the will doesn’t put you in charge of the homestead. Section 733.608(1) makes real and personal property estate assets in the PR’s hands, except the protected homestead. Families get this wrong constantly. The PR’s role with a homestead is limited: if no one is occupying it, the PR may take temporary custody to preserve and safeguard it until homestead status is determined (§ 733.608(2)).
Homestead protection also doesn’t wipe out the mortgage, property taxes, or other liens on the house.
Step Two: Check Title
How was the house titled at death?
- Lady bird deed or joint survivorship: passes directly, outside probate. See lady bird deeds.
- In a funded trust: the successor trustee handles it.
- Sole name: probate is needed, either an order determining homestead or administration.
Also check for mortgages, HELOCs, code enforcement liens, and unpaid taxes.
Who Can Sell
- Non-homestead: the PR can sell with a power of sale in the will or court authorization or confirmation (§ 733.613).
- Protected homestead: generally all the inheriting owners must sign, usually after the court determines homestead status.
If someone lists the family house without authority, Matt’s short video lays out three steps: find out who actually has authority, object in probate court and ask for an injunction, and gather the will, trust, and deed quickly. Once a good-faith buyer closes, undoing the sale gets much harder. See heirs fighting over a house.
Who Pays the Mortgage
Somebody has to, or the house ends up in foreclosure. Whether it makes sense depends on equity, who’s living there, who signed the note, and the surviving spouse’s homestead and elective share rights. Federal law generally bars the lender from calling the loan due just because the house passed to a relative at death. See foreclosure after the borrower dies.
Protect the Vacant House
Matt’s video of a security camera catching someone inside a deceased parent’s empty house makes the point. Vacant houses get broken into, stripped, and squatted in.
- Secure doors and windows; check who has keys.
- Call the insurer. Many homeowners policies restrict coverage when a house is vacant.
- Keep utilities, lawn care, and pool service running to avoid code violations.
- Pay the property taxes.
- Don’t let anyone remove contents until the PR has authority and an inventory is done.
Mom and Dad’s Stuff
Matt says some of the most expensive, gut-wrenching fights he’s seen were over personal property: the gun collection, the jewelry, the dining room set. Florida lets a will refer to a separate written list disposing of tangible personal property (§ 732.515). If you’re planning, use it.
Watch: the videos behind this article
Florida Probate Issue #10 – Who Owns the House After Death?
Stop Florida Probate Sale Before It’s Too Late #Shorts
Who pays the mortgage during probate in Florida?
Florida Probate Issue #7 — What To Do With Mom & Dad’s Stuff?
More Short Videos on This Issue
Go Deeper
- Heirs Fighting Over a House in Florida Probate
- Surviving Spouse Homestead Rights in Florida
- Foreclosure After the Borrower Dies in Florida
- Lady Bird Deed in Florida
Frequently Asked Questions
Who gets the house when a parent dies in Florida?
It depends on how it was titled and whether it was protected homestead. A house with a lady bird deed, joint survivorship, or in a trust passes outside probate. A protected homestead passes to the heirs or devisees, subject to the constitutional restrictions if there is a surviving spouse or minor child. Other real estate passes through the estate.
Can the personal representative sell my parent’s house in Florida?
For non-homestead property, yes, if the will grants a power of sale or the court authorizes or confirms the sale (§ 733.613). Protected homestead usually requires all the owners who inherited it to sign, and often a court order determining homestead first.
Who pays the mortgage on a house during probate in Florida?
The debt doesn’t go away at death. The estate, the heirs who want to keep the house, or a surviving spouse living there typically keep paying to avoid foreclosure. Heirs who didn’t sign the note aren’t personally liable, but the lender can foreclose if no one pays.
What should I do with a parent’s vacant house in Florida?
Secure it, change or check the locks, notify the insurer (many policies restrict coverage for vacant homes), keep utilities and lawn care going, pay property taxes, and don’t move anything out until the PR has authority. Install cameras if you can.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
