§ 704.995.Continuation of Protection of Declared Homestead After Death of Declared Home Stead Owner
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 5. Declared Homesteads · Enacted 1984 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 704.995 lets the declared homestead's protection against attachment, execution, and judgment liens survive the owner's death if the dwelling remains the principal residence of the surviving spouse or a family member who inherits an interest, regardless of prior ownership shares, with the exemption amount set under § 704.730.
(a)The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or more of the following persons to whom all or part of the interest of the deceased declared homestead owner passes:
(1)The surviving spouse of the decedent.
(2)A member of the family of the decedent.
(b)The protection of the declared homestead provided by subdivision (a) continues regardless of whether the decedent was the sole owner of the declared homestead or owned the declared homestead with the surviving spouse or a member of the decedent's family and regardless of whether the surviving spouse or the member of the decedent's family was a declared homestead owner at the time of the decedent's death.
(c)The amount of the homestead exemption is determined pursuant to Section 704.730 depending on the circumstances of the case at the time the amount is required to be determined.
Plain-English Summary
A declared homestead doesn't automatically lose its protection just because the owner dies. If, at the time of death, the dwelling was the principal residence of the surviving spouse or a family member of the decedent, and that person inherits all or part of the deceased owner's interest, the declared homestead keeps its protection against any creditor holding an attachment lien, execution lien, or judgment lien on the property.
That continued protection doesn't depend on how the home was owned before death. It applies whether the decedent owned the home alone or together with the surviving spouse or family member, and it applies whether or not that surviving spouse or family member was themselves named as a declared homestead owner while the decedent was alive.
The dollar amount of the exemption itself doesn't freeze at the moment of death — it's determined under § 704.730 based on the circumstances at the time the amount needs to be calculated, so the current formula and figures apply when a creditor's claim against the inherited home is being worked out.
Frequently Asked Questions
Does a declared homestead lose its protection when the owner dies?
Not necessarily. If the surviving spouse or a family member of the decedent inherits an interest and the dwelling was their principal residence at the time of death, the protection continues against attachment, execution, and judgment liens.
Does it matter whether the surviving spouse was named in the original declaration?
No. Section 704.995(b) continues the protection regardless of whether the surviving spouse or family member was a declared homestead owner at the time of the decedent's death.
What exemption amount applies to a homestead protected after the owner's death?
The amount is determined under § 704.730 based on the circumstances existing at the time the amount is required to be calculated, not frozen as of the date of death.
Amendment History
Added by Stats. 1984, Ch. 538, Sec. 27.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:homestead protection after owner dies californiadoes homestead exemption survive death california