Legal Question in Wills and Trusts in Florida

Because the courts have ruled that only the probate court has the jurisdiction to declare property to be homestead. That court order is what title agents rely upon to issue title insurance.

Briefly, the Homestead once declared by the Court, then is exempt from the pre death creditors of the decedent, including funeral bills, etc, with the slight exception of the IRS, and other Federal statutes that may take Supremacy over State laws.

Also you must clear that no minors, spouses take an interest in the same before it can pass by the will or other testamentary documents.