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Simple English definitions for legal terms
probate homestead
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A quick definition of probate homestead:
A probate homestead is a special type of home that is created by a court after someone dies. It is meant to help the surviving spouse and children keep their home and stay there for a long time. In most states, the probate homestead is protected from being sold to pay off debts. This means that the family can stay in the home even if they owe money to other people. The surviving spouse can usually live in the home for the rest of their life, and sometimes other family members can live there too.
A more thorough explanation:
A probate homestead is a type of homestead created by a probate court from a deceased person's estate for the benefit of their surviving spouse and minor children. This includes the house, outbuildings, and adjoining land owned and occupied by the family as a residence.
Under most state laws, a probate homestead is exempt from forced sale for the collection of the deceased person's debts. The family can remain in the home at least until the youngest child reaches the age of majority. In some states, such as Texas, the right to a probate homestead is constitutional.
For example, if a person dies and leaves behind a spouse and minor children, the probate court may create a probate homestead from the deceased person's estate to ensure that the family can continue to live in their home without fear of losing it to creditors.
Another example is if a person dies and leaves behind a spouse but no minor children, the surviving spouse may still have the right to occupy the family home for life under some state laws.