The Short Answer

In Florida, whether you “inherit” a spouse’s property often depends on how the deed is titled. If the property was held with a valid right of survivorship (most commonly as tenancy by the entirety for married couples), the surviving spouse typically becomes the owner automatically and the home may not pass through probate at all. If there is no survivorship language (or the ownership is a tenancy in common), the deceased spouse’s share usually becomes part of the probate estate and passes by a will or Florida intestacy rules.

What Florida Law Says

Florida draws a sharp line between (1) co-ownership that includes a right of survivorship and (2) co-ownership that does not. With survivorship, the surviving spouse’s ownership is generally created by operation of law at death; without survivorship, the deceased spouse’s share is generally an estate asset that must be transferred through probate (or another estate administration process), subject to special rules like Florida homestead restrictions.

The Statute

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

This statute establishes that survivorship in joint ownership generally does not apply unless the deed/instrument expressly provides for survivorship—except for estates by the entirety (a common form of ownership for married couples), which carry survivorship characteristics.

Also, if the property is the decedent’s Florida homestead, Florida has separate constitutional and statutory limits on how it can be devised and how it passes at death. For example, Florida’s homestead descent and devise rules can change the outcome when the decedent owned an interest that is subject to probate administration. See, e.g., Fla. Stat. § 732.401 and Fla. Stat. § 732.4015.

For a deeper discussion of survivorship ownership and probate avoidance, you may also find these helpful: tenancy by the entirety and probate in Florida and joint tenancy with right of survivorship in Florida.

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: Some spouse-only rights tied to homestead can have firm timing requirements. For example, Florida law provides a 6-month election window for certain homestead interests in probate situations. See Fla. Stat. § 732.401(2)(b).
• Burden of Proof: The deed language controls. If survivorship is not clearly stated (or if the deed is inconsistent with the marriage status at the time of conveyance), the property may be treated as a tenancy in common and pulled into probate, which can trigger disputes with other heirs.
• Exceptions: Florida homestead rules can override what a will says in some circumstances, and certain events can change the ownership analysis (for example, dissolution of marriage affects tenancy by the entirety under Fla. Stat. § 689.15). There are also situations where a survivorship interest may be disclaimed under Florida law. See Fla. Stat. § 739.203.

Trying to handle this alone can lead to avoidable title problems, family conflict, or a probate outcome that doesn’t match your expectations. A Florida probate attorney can review the deed, confirm the form of ownership, evaluate homestead implications, and coordinate the correct probate or non-probate transfer strategy.

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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.