Probate Homestead Law and Legal Definition

Homestead is a dwelling house and the adjoining land where the head of the family resides. A probate homestead is set aside by the court for the use of survivors of deceased’s family. Survivors include surviving husband or wife and minor children. The homestead is excluded from the common property or real property of the deceased. A probate homestead is free from any liabilities or debts of the estate. A probate homestead is fully exempt from execution and sale.

Upon the death of both husband and wife, the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set aside for the homestead property shall pass, subject to the right of homestead, the same way as any other property of the decedent and shall be included in the decree of distribution. Additionally, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely: 1. All family pictures. 2. A pew or other sitting in any house of worship. 3. A lot or lots in any burial ground. 4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value, one hundred dollars ($ 100.00). 5. All wearing apparel and clothing of the decedent and his family. 6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year. 7. All household and kitchen furniture, including stoves, beds, bedsteads, and bedding.

No such property is liable for any prior debts or claims.[58 Okl. St. § 311].