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Probate Special Provisions.

There are many special laws and rules relating to probate. Only a few of these will be covered below. For more details on the many other special probate rules and legalities, consult a Trusts and Estates Attorney.


Florida law has some very specific and involved law relating to the home you have as your primary residence (homestead). If survived by a spouse or a minor child, you may not have the legal right to transfer the home in your Last Will and Testament. That is, assuming there is no prenuptial agreement. Your homestead may be exempt from creditors, except for a creditor with a mortgage on the homestead.

Surviving Spouse’s elective share.

If there is no prenuptial agreement, then a Florida resident cannot entirely disinherit the surviving spouse. The surviving spouse’s elective share may not be the entire estate, thus leaving you the right to at least determine where a portion of the estate might go.

Exempt property.

Florida law provides for a limited category of tangible personal property to be “exempt” from creditors claims.

Family allowance.

Florida law may allow for a limited amount to be distributed for family support. Such distributions can be ordered by the court, in an appropriate case, even during the pendency of the probate.

And many more ….

……. And there are many other special rules in probate, each to apply in a different specific legal situation.