The Short Answer

Usually, no—if you and your spouse owned the Florida home with a valid right of survivorship (most commonly as tenants by the entirety for married couples), the home typically transfers to the surviving spouse by operation of law and is not part of the probate estate. However, the exact deed language and how title was held matters, and probate may still be needed for other assets or to resolve related issues.

What Florida Law Says

In Florida, jointly owned real estate does not automatically include survivorship rights unless the deed (or other instrument creating the ownership) clearly provides for survivorship—except for property owned by spouses as an estate by the entirety, which carries survivorship as a core feature. That distinction is critical because survivorship ownership generally means the surviving owner becomes the sole owner at death without the property passing through probate.

The Statute

The primary law governing this issue is Fla. Stat. § 689.15.

This statute establishes that survivorship in joint tenancies generally does not apply unless it is expressly stated in the instrument creating the ownership—while recognizing an exception for estates by the entirety (a common form of spousal ownership) where survivorship applies.

If you want a deeper explanation of how survivorship ownership works in practice, see: Does Joint Ownership With Right of Survivorship Keep a House Out of Probate in Florida? and Does Tenancy by the Entirety in Florida Avoid Probate and Automatically Transfer Property to a Surviving Spouse?.

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: Even if the house avoids probate, Florida estates can still involve creditor and claim deadlines that affect what happens next and what filings are required in an estate administration.
• Burden of Proof: The deed controls. If the deed does not clearly establish survivorship (or if title was not actually held as tenants by the entirety), the home may be treated as part of the probate estate or as a tenancy in common interest that must be administered.
• Exceptions: Issues like prior marriages, unclear deed language, disputes among heirs, homestead-related restrictions, or a need to clear title for refinancing/sale can create problems even when the surviving spouse “should” receive the property.

Trying to handle this alone can lead to title problems, delays in selling or refinancing, and avoidable court disputes. A Florida probate attorney can review the deed, confirm how title passed, and determine whether any probate filing is still necessary for the rest of the estate.

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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.