How does tenancy by the entirety in North Carolina avoid probate and automatically transfer property to the surviving spouse? - Florida
The Short Answer
In Florida, property held as tenancy by the entirety (TBE) between spouses generally does not pass through probate when one spouse dies. Instead, the surviving spouse typically becomes the sole owner automatically by operation of law, because the ownership form includes a survivorship feature unique to married couples.
What Florida Law Says
Florida recognizes survivorship ownership for married couples through tenancy by the entirety. The key point for probate is that the surviving spouse’s ownership is not treated as a “transfer” under a will or intestacy—rather, the survivor succeeds to full ownership because of how title was held during the marriage.
The Statute
The primary law governing this issue is Fla. Stat. § 689.15.
This statute establishes that survivorship generally does not apply to joint tenancies unless expressly stated—except that estates by the entirety are treated differently, preserving survivorship for property held by spouses as TBE.
If you’re comparing this to other states (like North Carolina), the concept is similar: the surviving spouse typically takes the whole interest outside probate. But the details matter under Florida law—especially how the deed/account is titled and whether the asset is actually eligible to be held as TBE.
Related reading: joint tenancy with right of survivorship in Florida and whether joint accounts and jointly owned property transfer automatically at death.
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 when an asset avoids probate, disputes (including creditor issues and estate claims) can still be time-sensitive, and delay can create avoidable litigation risk.
- Burden of Proof: If the title or account paperwork is unclear, someone may have to prove the asset was truly held as tenancy by the entirety (and not as tenants in common or another form of ownership).
- Exceptions: Divorce, attempted severance, creditor claims, and mis-titled assets can change the outcome. Florida law also contemplates situations where survivorship interests are treated as passing “by operation of law,” including in the context of disclaimers. See, e.g., Fla. Stat. § 739.203.
Trying to handle this alone can lead to title problems (which can block a refinance or sale), accidental probate, or unnecessary conflict with other heirs.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
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.