What Is a Decedent’s Interest in a Homestead?

A decedent's interest in a homestead refers to the ownership interest that a deceased person (the decedent) had in their primary residence, or homestead, at the time of their death. This is a legal concept used in estate planning and probate law, and its implications can vary based on the jurisdiction and specific circumstances.

The concept of a "homestead" generally refers to a person's primary residence, and it often includes certain protections and exemptions from creditors during the person's lifetime. These protections can sometimes extend after death, protecting the property for the benefit of the decedent's surviving spouse or minor children.

Upon the death of a homeowner, their interest in the homestead (i.e., their ownership of the property) will generally pass to their heirs or beneficiaries, according to the decedent's will, or, if there is no will, according to the laws of intestacy of the state. However, the process and implications can be affected by several factors, including whether the property was owned jointly, whether the decedent was married or had minor children, and the specifics of homestead laws in the jurisdiction.

For example, in some jurisdictions, a surviving spouse or minor children may have a right to continue living in the homestead, regardless of how the decedent attempted to dispose of their interest in the property. This is often referred to as a homestead right or homestead exemption.

Because the specifics of how a decedent's interest in a homestead is handled can vary significantly based on the legal and personal circumstances, it's usually advised to consult with an estate planning attorney or probate law expert in your jurisdiction.

  • Published: Jun 23, 2023
  • Updated: Dec 26, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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