The Short Answer

In Florida, a house titled with a valid right of survivorship generally passes automatically to the surviving co-owner at death and is typically not a probate asset. That means the home usually is not controlled by the personal representative and is often outside the pool of assets used to pay ordinary probate creditor claims—though there are important exceptions and related issues (like homestead status, liens/mortgages, and whether the survivorship language is legally effective).

What Florida Law Says

Florida does not assume survivorship just because two names are on a deed. Instead, co-ownership is generally treated as a tenancy in common unless the deed or other instrument expressly provides for survivorship. When survivorship is properly created, the decedent’s interest typically transfers by operation of law to the surviving owner at the moment of death, rather than becoming part of the probate estate.

The Statute

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

This statute establishes that joint ownership does not automatically include survivorship in Florida (except for certain forms like tenancy by the entireties), and survivorship exists only when the deed/instrument expressly says so.

Separately, if the property is the decedent’s Florida homestead, special rules can affect what happens to the home at death. For example, Florida restricts how homestead can be devised when a spouse or minor child survives. See Fla. Stat. § 732.4015. (Homestead analysis is very fact-specific and often overlaps with deed titling and survivorship.)

Why You Should Speak with an Attorney

Even when a deed says “with right of survivorship,” applying the rule to a real family situation (especially where there are debts, a vulnerable surviving spouse, and plans to sell or rent) can get complicated quickly. Legal outcomes often depend on:

• Strict Deadlines: Florida probate creditor claims are driven by the notice-to-creditors process and short filing windows. For many claims, the deadline is tied to the first publication date and/or service on known creditors. See Fla. Stat. § 733.2121 (notice to creditors) and Fla. Stat. § 733.702 (limitations on presentation of claims).
• Burden of Proof: Whether the home is truly a non-probate survivorship asset can turn on the exact deed language, how title is held (for example, spouses may hold as tenancy by the entireties), and whether there are later deeds, divorces, or other events that changed title.
• Exceptions and Creditor Issues: Even if the home avoids probate, it may still be subject to a mortgage or other liens, and homestead status can change what creditors can reach. Also, decisions about selling/renting during administration can create conflicts between the surviving owner’s rights and the estate’s need to resolve claims.

Because your facts involve (1) a surviving spouse with health challenges, (2) potential medical/credit card debts, and (3) timing decisions about selling or renting, it’s worth getting Florida probate counsel involved early to avoid missteps that can trigger delays, disputes, or personal liability concerns.

If you want more background reading, these may help: joint tenancy with right of survivorship in Florida probate and Florida probate notice to creditors.

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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.