What happens to jointly held bank accounts and property when someone dies without a will in North Carolina? - Florida
The Short Answer
In Florida, many jointly held assets do not pass through intestate probate at all—if they are titled with a right of survivorship (or held by spouses as tenants by the entirety), they typically transfer automatically to the surviving co-owner. But if the asset is jointly owned without survivorship language, the deceased owner’s share may become part of the probate estate and pass under Florida’s intestacy rules.
What Florida Law Says
Florida treats joint ownership differently depending on (1) what kind of asset it is (bank account vs. real estate), and (2) how it is titled. Some joint arrangements are presumed to include survivorship, while others require survivorship language to be stated clearly in the document creating the ownership.
The Statute
The primary law governing this issue is Fla. Stat. § 655.79.
This statute generally creates a presumption that a bank deposit account titled in two or more names is intended to vest in the surviving account holder(s) at death (and it also provides that an account in the names of husband and wife is treated as a tenancy by the entirety unless otherwise specified in writing).
For jointly owned real estate and other property, Florida generally does not assume survivorship unless it is expressly stated (except for tenancy by the entirety). See Fla. Stat. § 689.15.
If there is a scenario where people die at the same time (or it cannot be proven who died first), Florida has special rules that can change the survivorship outcome. See Fla. Stat. § 732.601.
For a broader overview of intestate situations, you may also find helpful: What Happens If My Parents Died Without a Will in Florida?
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: survivorship and probate disputes often turn on timing (for example, whether a challenge is brought soon enough and whether the estate must be opened to deal with non-survivorship assets).
- Burden of Proof: a survivor may still face challenges if other family members claim the account or deed does not reflect true intent; for bank accounts, the survivorship presumption in § 655.79 can be contested only in limited ways (e.g., allegations like fraud/undue influence or clear and convincing evidence of contrary intent).
- Exceptions: married-couple ownership (tenancy by the entirety), unclear deed language, “convenience” accounts, creditor issues, and simultaneous-death scenarios can all change whether an asset bypasses probate.
If you guess wrong about whether something passes by survivorship or through intestacy, you can trigger avoidable disputes, delays, and even personal liability for mishandling estate property.
Related reading: How Do I Transfer Property After a Spouse Dies Without a Will in Florida?
Get Connected with a Florida Attorney
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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.