Most people are only aware of “homestead” as pertains to real estate taxes. In fact, there are three “kinds” of homestead in Florida. The laws concerning homestead are complex. Under the Constitution and statutes of the State of Florida, a person’s primary place of residence enjoys certain protections from creditors and is cloaked with a limitation on devising by Will. Homestead property passes outside of probate but must be determined by the probate court to be homestead, if the constitutional protections are to attach to the property.