What legal options do I have if estate heirs try to remove me from the family home? - Florida
The Short Answer
In Florida, whether estate heirs can remove you from the family home depends heavily on your legal status in the property (for example, surviving spouse, co-owner, heir, tenant, or someone living there with permission). In many cases—especially when the home is Florida “protected homestead”—heirs cannot simply force you out without the proper legal authority and court process.
What Florida Law Says
Florida probate law gives the personal representative (executor) broad authority to take control of estate property for administration, but it treats protected homestead differently. Homestead often passes to heirs outside of the typical probate administration rules, and the personal representative’s ability to take possession is limited—meaning family members cannot just “vote you out” of the home because they are heirs.
The Statute
The primary law governing this issue is Fla. Stat. § 733.607.
This statute establishes that the personal representative generally has the right to take possession or control of the decedent’s property for administration, except the protected homestead, which is treated differently under Florida law.
Homestead rights also directly affect who can inherit or receive the home and on what terms. For example, Florida restricts how a homestead can be devised if the decedent is survived by a spouse or minor child, and it can create a surviving spouse life estate (or a one-half tenant-in-common election) in certain situations. See Fla. Stat. § 732.401 and Fla. Stat. § 732.4015.
If you’re dealing with a dispute among heirs about who can live in the home, you may also want to read: Can One Heir Live in an Inherited Home While Another Heir Wants to Sell in Florida?
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to your situation is rarely simple. Legal outcomes often depend on:
- Homestead status: Whether the property qualifies as Florida protected homestead can determine whether the personal representative (or heirs) can control access and possession. Disputes about homestead status are common and can require a court determination.
- Burden of proof and documents: Deeds, the will/trust language, marriage history, minor children, and who has been paying expenses can all affect who has the right to occupy the home.
- Exceptions and competing rights: A surviving spouse’s rights, an heir’s ownership interest, or a valid lease/tenancy arrangement can change the analysis—and attempting “self-help” removal can backfire and create liability.
If heirs are threatening to lock you out, shut off utilities, or remove your belongings, that’s a major red flag. An attorney can quickly assess your legal status (spouse/heir/tenant/co-owner), communicate with the personal representative or opposing counsel, and seek court protection when needed.
Related reading: Can a Florida Executor Remove a Sibling Who Won’t Move Out of an Inherited Home? and Can a surviving spouse stay in the home if adult children contest the estate in Florida?
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.