Is the Decedent’s Property Homestead Property?

It depends, in part, on the location of the property and the amount of land. Pursuant to Florida Constitution, Section 10, Article 4, if the property falls within the city limits and is one-half acre or less, then the property is considered homestead. For properties outside of the city limits, the allowable acreage is 160 acres for homestead exemption.

Please note: This exemption does not make exceptions for mortgages on the property. Those liens remain attached to the property and the outstanding balance is still due and payable.