A petition is made to the court by a petitioner against a respondent, versus a complaint, which is filed by a plaintiff against a defendant. A petition asks the court to provide a court order, while a complaint is filed to seek damages or to get the defendant to start or stop doing something.
As a special kind of asset, it passes automatically to the heir(s) under Florida law; however, the heirs may not have clear title. Without clear title, these heirs are unable to sell the home. Therefore, title companies will require an Order Determining Homestead prior to issuing a title policy.