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Homestead Exemption

How to Apply For Homestead Exemption

Possibly the most significant homestead benefit is that creditors, in most cases, may not access the homestead for debts. This is true even at death. Combining the foregoing financial benefits with this creditor protection, Florida homestead can be an immensely valuable benefit for Florida residents.

Claiming a Florida homestead exemption involves some very specific requirements that must be completed within a specified time frame and which, of necessity, must be completed in a certain order. Florida law requires a homeowner to own and occupy the residence as of January 1 of the year in which the application is made, although the application may be filed as late as March 1. The forms are available from each County’s Property Appraiser’s Office and may also be found on the internet. When applying, the homeowner must present the following:

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A valid Florida driver’s license or state ID card.

If you’re planning to claim a homestead exemption, you must first apply for a Florida driver’s license.

A Florida ID Card may be used in lieu of a driver’s license if the homeowner does not have a driver’s license. Florida will recognize a Michigan driver’s license as justification for issuing a new Florida driver’s license without an exam or road test, often for a much longer time than the remaining duration of the Michigan license. However, Florida has extensive identification requirements including (1) primary identification (e.g. a certified copy of a birth certificate or a valid passport), (2) proof of a Social Security Number, and (3) proof of the residential address. You should carefully review the requirements on the Florida Highway Safety and Motor Vehicles website.

Either a valid voter’s registration or a Declaration of Domicile reflecting the homeowner’s Florida address.

If the homeowner is planning to register to vote in Florida, which is recommended, this again requires some advance planning. Registration can be accomplished online. Note that Florida requires new residents apply for a driver’s license within 30 days of establishing residency and register vehicles (and obtain insurance) within 10 days of establishing residency, so filing a Declaration of Domicile will start these respective clocks.

Proof of ownership of your property in the form of a copy of a tax bill or your deed.

In many cases, particularly if you have owned the residence for a while and are applying for the homestead exemption online, the Appraiser’s office will have a record of your ownership of the property. If you hold the title in trust, you may be required to furnish a Certificate of Trust or certain relevant trust pages as well. If you hold title (or plan to hold title) in a trust, it may be necessary to amend the trust to include a homestead paragraph indicating the grantor and/or his or her spouse, if any, has/have the exclusive and continuous present right to full use, occupancy and possession of the homestead residence for life. Without this provision, a homestead exemption may be denied by certain assessors. Including certain language in deeds transferring a Florida residence into a trust may eliminate the need to later furnish a Certificate of Trust when applying for the homestead exemption. A Florida-licensed attorney should be consulted prior to vesting ownership of your real estate in trust to avoid any unnecessary complications.

Fortunately, once you’ve taken these steps, it shouldn’t be necessary to take them again. Just keep telling yourself “I’m doing this for a [tax saving] reason” as you slog through the bureaucracy.

Click on this link to access your property appraiser’s site and locate your homestead exemption application.

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