What Is Homestead Protection in California Probate Law? Rights and Exemptions Explained

When a loved one passes away, their home is often one of the most significant and emotionally valuable assets in their estate. In California, homestead protection laws can offer surviving family members a measure of security by helping them remain in the family home, even during probate or in the face of creditor claims.

But what exactly does homestead protection mean in the context of probate, and who qualifies for it? This blog explains how California’s homestead exemption works in estate administration and how it can affect both heirs and creditors.

Understanding Homestead Protection

Homestead protection refers to legal safeguards that protect a certain amount of equity in a decedent’s home from forced sale by creditors. In the probate context, this protection can allow certain surviving family members to continue living in the home, or to retain a portion of the home’s value, despite outstanding estate debts.

There are two main types of homestead protection in California:

1. Automatic Homestead – Provides limited protection when a judgment creditor seeks to force the sale of a home.

2. Declared Homestead – Requires a formal recorded declaration, offering more structured protections.

In probate, however, we’re typically concerned with statutory homestead protections under the California Probate Code.

California Probate Code §§ 6520–6545: The Probate Homestead

California’s probate homestead laws give the court authority to set aside a residence for the use of certain family members during the estate administration process. This is different from a homestead exemption in bankruptcy or civil judgments.

Who May Qualify:

• Surviving spouse or registered domestic partner

• Minor children of the decedent

• Sometimes, adult children or dependents, depending on the situation

If granted, the probate court may issue an order allowing the surviving spouse or family member to continue living in the home for a limited time or even permanently, depending on the estate’s circumstances.

How Does Homestead Protection Work in Probate?

Here’s how homestead protection may arise in a probate case:

1. The decedent’s home is included in the probate estate.

2. A surviving spouse or minor child petitions the court for a probate homestead order.

3. The court evaluates the estate’s debts, the needs of the surviving family, and whether the home is reasonably necessary for support.

4. If granted, the court may delay the sale or distribution of the home or shield part of the home’s equity from creditors.

Does Homestead Protection Block All Creditors?

No. While homestead protections can limit the reach of general unsecured creditors, they do not protect against:

• Mortgage lenders or secured creditors

• Property taxes or tax liens

• Court-ordered child or spousal support

It is also subject to equity caps under California law. As of 2025, homestead exemption values range from $361,113 to $722,151, depending on county median home values.

Why Homestead Protection Matters in Estate Planning

If a surviving spouse or dependent is living in the family home, and the decedent died with unpaid debts, homestead protection can make the difference between staying in the home or being forced to sell. It also impacts how real property is distributed among heirs or beneficiaries.

For trustees and personal representatives, it’s important to factor in possible homestead rights before liquidating real estate or satisfying creditor claims.

Final Thoughts

California’s homestead protection laws play a crucial role in probate, helping safeguard surviving family members from sudden displacement or unfair creditor claims. However, these protections are not automatic in probate—you must understand the legal process and act in a timely manner.

Need Help Preserving the Family Home?

At Moravec, Varga & Mooney, we help California families navigate the complex probate process with compassion and clarity. If you’re concerned about staying in your home after a loved one’s death or administering an estate with real property, we’re here to help.

📞 Contact us today to schedule a consultation and protect what matters most.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.