Homestead status remains, even during probate, and even when your designated beneficiaries take control or ownership of the property. Your homestead must be within the state of Florida to be eligible for protection and you must be a permanent resident of Florida.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 exemption offers two main benefits: reducing property taxes and protecting the home from creditors. Property owners in Florida may be eligible for exemptions and additional benefits that can reduce their property tax liability. Under the Florida Constitution, a homestead automatically passes to the deceased's heirs. A new owner will automatically receive an exemption claim form in the mail and there is no cost to file. When is Homestead Status Determined Regarding Heirs? Can Florida Homestead Property Be Held in a Revocable Trust? You must be a property owner, co-owner or a purchaser named in a contract of sale.