The Short Answer

In Florida, adding your child to the title can reduce (or eliminate) probate for that property if the deed is structured to pass the home automatically at death—most commonly by using a deed that expressly includes a right of survivorship. However, the “best” approach depends heavily on whether the property is your Florida homestead and whether you have a spouse or minor children, because Florida homestead rules can restrict what happens at death.

What Florida Law Says

Florida does not automatically assume survivorship when two or more people own real estate together. Unless the deed expressly provides a right of survivorship, co-owners generally hold title as tenants in common—meaning your share may still require probate at death. Florida homestead law adds another layer: even if you plan for a transfer at death, the homestead may be restricted from being devised if you are survived by a spouse or minor child.

The Statute

The primary law governing survivorship language in co-ownership deeds is Fla. Stat.  689.15.

This statute establishes that a conveyance to two or more people creates a tenancy in common unless the deed expressly provides for the right of survivorship (with a separate rule for spouses holding title as tenants by the entireties).

If the home is your Florida homestead, another key statute is Fla. Stat.  732.4015, which provides that homestead generally may not be devised if you are survived by a spouse or minor child (with a limited exception allowing a devise to a spouse if there is no minor child).

For a deeper discussion of survivorship deeds and probate avoidance, see: Can Joint Tenancy With Right of Survivorship Help Me Avoid Probate in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rules, applying them to your family and your home is rarely simple. Legal outcomes often depend on:

• Homestead restrictions: If this is your Florida homestead and you have a spouse and/or minor child, transfers intended to control who receives the home at death can create serious problems if they conflict with Florida’s homestead devise restrictions. See Fla. Stat.  732.4015.
• Deed language and title consequences: Under Fla. Stat.  689.15, survivorship must be expressly stated. A deed that is “close but not quite” can unintentionally leave your share subject to probate.
• Unintended financial and legal risks: Adding a child as a present co-owner can expose the property to the child’s creditors, divorce claims, or consent issues if you later want to refinance or sell—issues that are often overlooked until it’s too late.

Trying to handle this alone can lead to title defects, family disputes, or a probate case you were trying to avoid. A Florida probate/estate planning attorney can review your homestead status, family situation, and goals and recommend the safest way to structure ownership.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.