Legal Definitions - probate homestead

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.