The Short Answer

In Florida, you typically do not “update” the original joint survivorship deed. If the deed was properly drafted to create a joint tenancy with right of survivorship (or a married couple held title as tenants by the entirety), the surviving owner generally becomes the owner automatically at death—but you often still need to clear the public record so the survivor can sell, refinance, or insure title.

Whether you can fix this with a simple recording (like an affidavit and death certificate) or whether you need a probate or court order depends on how the deed is worded, who died (and in what order), and whether Florida homestead rules are involved.

What Florida Law Says

Florida does not presume survivorship for co-owners unless the deed expressly provides it. In other words, most deeds to “A and B” create a tenancy in common unless the deed clearly states a right of survivorship (or the owners are spouses holding as tenants by the entirety). That wording is critical because it determines whether the deceased owner’s share passes automatically to the survivor or instead becomes part of a probate estate.

The Statute

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

This statute establishes that co-ownership generally defaults to tenancy in common unless the deed expressly provides for the right of survivorship (with separate rules for tenancy by the entirety between spouses).

Why You Should Speak with an Attorney

Even when survivorship is intended, title companies and clerks often require the right documents—and the wrong approach can create a cloud on title that delays a sale or refinance. Legal outcomes often depend on:

• Strict Deadlines: If the property is Florida homestead and a surviving spouse is making certain elections, there can be a 6-month deadline tied to the decedent’s death under Fla. Stat. § 732.401(2)(b) (and the statute also notes it does not apply to property held in joint tenancy with right of survivorship).
• Burden of Proof: You may need to prove the deed actually created survivorship under Fla. Stat. § 689.15, prove the identity of the correct survivor(s), and sometimes prove the order of deaths if deaths were close in time (Florida’s simultaneous death rules can change the result). See Fla. Stat. § 732.601.
• Exceptions: If the deed language is unclear, if there were more than two owners, if the last surviving owner has now died, or if someone is disclaiming survivorship rights, you may be forced into probate or litigation rather than a simple recording. Florida’s disclaimer rules can also affect how survivorship property is treated. See Fla. Stat. § 739.202.

Because real estate title problems can be expensive to fix after the fact, it’s usually worth having a Florida probate attorney review the deed, the death certificates, and the chain of title before anything is recorded or a sale contract is signed.

If you want more background, you may also find these helpful: Joint tenancy with right of survivorship and probate in Florida and tenancy by the entirety for spouses.

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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.