Although Florida homestead is not considered a probate asset, it is usually advisable to file a Petition To Determine Homestead in the probate proceeding. Under Florida homestead rules, the homestead exemption and all its benefits pass to the heirs or surviving spouse of the owner after the owner dies.The homestead exemption and Save Our Homes assessment limitation help thousands of Florida homeowners save money on their property taxes every year. If you're planning to claim a homestead exemption, you must first apply for a Florida driver's license. So legally speaking, property that is considered homestad property can be tnraferred without probate. We also discovered an instance where homestead exemptions were granted on three residences in the same parish for the same taxpayer. Other: This court does not recognize daylight savings time. Special Instructions. Special Credentials: Our firm specializes in estate planning and probate.