The Short Answer

In Florida, if a will leaves a parent’s house to two siblings (and the will does not clearly create survivorship rights), the siblings typically inherit the property as tenants in common, meaning each owns an undivided share. Even though the right to the devise generally vests at death, the will usually must be admitted to probate before it can be used to prove title and complete a clean transfer.

What Florida Law Says

Florida law generally treats a devise (a gift under a will) to two or more people as creating a tenancy in common unless the will expressly provides a right of survivorship. Practically, that means each sibling owns a share of the whole property, and either sibling’s share can be left to their own heirs if they later pass away.

The Statute

The primary law governing co-ownership created by a devise to multiple people is Fla. Stat. § 689.15.

This statute establishes that a devise, transfer, or conveyance to two or more people creates a tenancy in common unless the instrument expressly provides for a right of survivorship (with limited exceptions, such as certain marital ownership rules).

Two other probate rules often matter in inherited-house situations: devises generally vest at death under Fla. Stat. § 732.514, and a will is generally ineffective to prove title to property until it is admitted to probate under Fla. Stat. § 733.103.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the estate needs probate, timing can affect creditor claims, administration strategy, and whether disputes become harder (and more expensive) to resolve.
• Burden of Proof: If the will’s language is unclear (for example, whether it intended survivorship or unequal shares), proving intent can become a contested issue.
• Exceptions and Court Involvement: If co-ownership becomes unworkable, Florida allows a court-supervised partition for distribution during probate under Fla. Stat. § 733.814, which can result in a sale if the property cannot be fairly divided.

Trying to handle an inherited home informally can create title problems, tax and expense disputes, and avoidable litigation between siblings. A Florida probate attorney can review the will language, confirm how title should vest, and help protect everyone’s interests.

If you want more background reading, see: Can We Avoid Probate to Transfer Our Parents’ House to Siblings in Florida? and Does Tenants-in-Common Property Have to Go Through Probate in Florida?.

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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.