Although Florida homestead is not considered a probate asset, it is usually advisable to file a Petition To Determine Homestead in the probate proceeding. A Florida homestead is not subject to probate.Probate proceedings involve only assets subject to creditor claims. There is no need to file documents for the Homestead Exemption. Tax exemption rules are different and require paperwork. Property owners in Florida may be eligible for exemptions and additional benefits that can reduce their property tax liability. To obtain the benefits of the homestead exemption for asset protection, the debtor must be a resident in Florida. The homestead can't exceed one acre in a city or 160 acres in a rural area. If you're planning to claim a homestead exemption, you must first apply for a Florida driver's license. Property owners in Florida may be eligible for exemptions and additional benefits that can reduce their property tax liability.