In Florida, a Homestead Exemption Ends When the Homeowner Passes — and Failing to Report It Can Cost Families Thousands (Video)

Many people don’t realize that a Homestead Exemption does not automatically continue after the homeowner’s death.

Florida’s Homestead Exemption is one of the strongest homeowner protections in the nation. It reduces property taxes, shields a primary residence from most creditors, and provides inheritance protections for spouses and lineal descendants. But there’s an important detail many families overlook: a Homestead Exemption ends when the homeowner dies.

Failing to report a death to the county property appraiser can create serious—and costly—problems for surviving family members.

Why Reporting a Death Matters

The Homestead Exemption belongs only to the homeowner who applied for it. Once that person passes away, the exemption does not automatically continue under the same terms. If a family member keeps paying property taxes at the reduced rate without notifying the property appraiser, it may be considered Homestead Exemption fraud, even if it wasn’t intentional.

The Consequences of Not Reporting

Under Florida Statute §196.161, if a Homestead Exemption is improperly claimed after the homeowner’s death, the property appraiser can:

• Go back up to 10 years and recalculate the property taxes owed

• Charge 15% annual interest on unpaid taxes

• Add a 50% penalty on top of the unpaid taxes

What starts as an oversight can quickly turn into thousands of dollars in back taxes, interest, and penalties.

How Families Can Protect Themselves

If a loved one who had a Homestead Exemption passes away, here are the steps to take:

1. Notify the Property Appraiser’s Office as soon as possible, providing a death certificate and any necessary documents.

2. Confirm ownership transfer through probate or estate administration. Legal title must be updated before any new exemption can be applied.

3. Apply for a new Homestead Exemption if you inherit the property and qualify as a Florida resident using it as your primary home.

4. Seek legal guidance to avoid costly mistakes and ensure your family receives the full protections available under Florida law.

Protecting Your Family’s Legacy

The Homestead Exemption is one of Florida’s most valuable homeowner benefits, but it only works if it’s properly maintained. Failing to report a death can undo years of savings and expose families to unexpected financial burdens.

At The Offices of Olivia S. Benson, we help families navigate probate, estate planning, and homestead issues with clarity and care. With more than 30 years of experience, Olivia ensures that your family’s home and legacy are protected.

📞 Schedule your free 15-minute consultation today: 786-245-7746

🌐 www.officesoliviabenson.com

Click image to watch the latest video of my Florida Home Exemption Series