• Under most statutes providing for the creation of a probate homestead, it is exempt from forced sale for the collection of decedent’s debts. The family can remain in the home at least until the youngest child reaches the age of majority. Many states allow the surviving spouse to live in the home for life. In a few states, such as Texas, the right to a probate homestead is constitutional. See family allowance, spousal allowance under ALLOWANCE; HOMESTEAD LAW. Cf. life estate under ESTATE(1). [Cases: Homestead 134–153.]
probate homestead
A homestead created by a probate court from a decedent’s estate for the benefit of the decedent’s surviving spouse and minor children.
