In Texas, homestead protections provide strong legal safeguards for a person’s primary residence during probate. Probate refers to the legal process where a deceased person’s assets are distributed according to their will or the state’s laws. Understanding how homestead protections work can help ensure your home remains secure for your family.
Texas homestead exemptions during probate
Texas law offers significant protections for homestead properties during probate. One of the most important is the homestead exemption, which shields the home from certain creditors. Creditors typically cannot force the sale of a homestead property to pay off debts.
However, exceptions exist, such as when the homeowner has unpaid property taxes or a mortgage. Understanding these exemptions can help you ensure your home stays protected during the probate process.
The role of a surviving spouse and children
Texas provides homestead protection for the surviving spouse and minor children of a decedent. The surviving spouse can live in the home for the rest of their life, and they may also pass this right to their minor children.
This protection ensures that surviving family members can remain in the home without the threat of eviction by creditors or other parties. The home remains protected as long as the surviving spouse resides there, even if the home is part of the probate estate.
Homestead protection and property division
When a person passes away, the homestead may still be part of the probate estate, but the surviving spouse retains the right to continue living there. If other heirs exist, the court will decide how to divide the property.
However, the surviving spouse must agree before selling the homestead, and the family home can remain undivided until the spouse’s death. This protects the family’s living situation and prevents the sudden sale or forced transfer of ownership during probate.