How can I avoid probate for property held in joint tenancy with right of survivorship? - Florida
The Short Answer
In Florida, property that is properly titled as joint tenancy with right of survivorship (JTWROS) generally transfers automatically to the surviving owner at death and is typically not a probate asset. The key is making sure the deed or ownership document expressly includes survivorship language and that nothing has happened to break (or “sever”) the survivorship feature before death.
What Florida Law Says
Florida does not assume survivorship just because two people own property together. Instead, co-ownership is generally treated as a tenancy in common unless the document creating the ownership clearly states a right of survivorship. When survivorship is properly created, the surviving joint owner typically becomes the sole owner by operation of law, which is why probate is often avoided for that asset.
The Statute
The primary law governing this issue is Fla. Stat. § 689.15.
This statute establishes that joint ownership in Florida is treated as a tenancy in common unless the instrument creating the ownership expressly provides for the right of survivorship.
Related reading: Do joint bank accounts and jointly owned property automatically transfer at death without a will in Florida?
Why You Should Speak with an Attorney
While survivorship ownership is a common probate-avoidance tool, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even when an asset avoids probate, disputes can still arise quickly after death (for example, creditor issues or challenges to the validity of the ownership arrangement). Waiting too long can reduce options and leverage.
- Burden of Proof: If the deed/account paperwork is unclear, missing survivorship language, or inconsistent across documents, the survivor may have to prove intent—often in a contested setting.
- Exceptions: Survivorship can be derailed by issues like an improperly drafted deed, later transfers that sever the joint tenancy, simultaneous-death complications, or conflicts with other estate planning goals. In some cases, a surviving owner may even choose to disclaim survivorship rights under Florida’s disclaimer law (see, e.g., Fla. Stat. § 739.202), which can change where the property ends up.
Most probate “surprises” involving joint tenancy come from paperwork problems, family disputes, or unintended consequences (tax, creditor exposure, or unequal inheritances). A Florida probate attorney can review the title/beneficiary language and explain whether the asset will truly pass outside probate—and what risks you may be inheriting along with it.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.