Protecting the Family Home: What Florida Homeowners Should Know About Deeds and Trusts

📅 November 2026
By Sherell Joseph Wolford, REALTOR®

Q: My husband and I want to make sure our children can keep our family home when we're gone. Can we protect it through a deed or trust?

A: Yes, there are several estate-planning tools that may help your home pass to loved ones with fewer complications. How your property is titled, whether you have a will or trust, and Florida's homestead laws can all affect what happens after your death. Because every family's circumstances are different, the best first step is to review your ownership documents with a qualified Florida estate-planning attorney.

For many families, their home is both their most valuable asset and a lifetime of cherished memories. Naturally, they want to ensure it passes to their loved ones with as few complications as possible. But while most people understand the importance of having a will, fewer realize that how a home is titled can be just as important as what their estate-planning documents say.

The wording on your deed matters. In Florida, married couples often own property as tenants by the entirety, an arrangement that generally allows ownership to pass automatically to the surviving spouse without probate. However, what happens after the surviving spouse dies can be a different matter. Without appropriate planning, family members may need to navigate legal proceedings to establish or transfer ownership of the property.

A will is important, but it doesn't necessarily eliminate probate. Other estate-planning tools, such as a properly funded revocable living trust or an enhanced life estate deed (commonly called a Lady Bird deed), may allow a home to pass outside probate in certain circumstances. Each approach has different requirements, advantages, and potential consequences. Simply adding a child to your deed isn't necessarily the answer, either. Doing so can create immediate ownership rights and potentially introduce tax, creditor, or other complications that families never anticipated.

Florida's homestead laws deserve special attention. In addition to certain protections against creditors, Florida law restricts how a qualifying primary residence can pass after death, particularly when surviving spouses or minor children are involved. These inheritance protections are distinct from the familiar homestead property-tax exemption. Even well-intentioned estate plans can produce unexpected results if these rules aren't properly considered.

It's also important to recognize that avoiding probate isn't the only consideration. Families should think about who will be responsible for maintaining the home, paying property taxes and insurance, and making decisions if multiple heirs inherit an interest. Preserving a family home involves planning for both the transfer of ownership and the responsibilities that come afterward.

The most important advice is to plan before there's a crisis. Gather your deed, mortgage information, and any existing estate-planning documents, then consult a Florida attorney experienced in estate planning and real property law. The goal isn't merely to transfer a house. It's to give your loved ones greater clarity, reduce unnecessary complications, and help preserve the home and legacy you've worked so hard to build.

This article is intended for general educational purposes only and does not constitute legal or tax advice. Consult a qualified Florida attorney or tax professional regarding your individual circumstances.

Additional reading: Probate in Florida and The Revocable Trust in Florida, published by The Florida Bar.