The Short Answer

In Florida, a tenant in common’s share generally does not automatically transfer to the other co-owner at death. Instead, the decedent’s ownership interest typically becomes part of the decedent’s estate and may require probate to transfer clear title to heirs or beneficiaries.

What Florida Law Says

“Tenants in common” means each owner holds a separate, undivided interest. Unlike ownership with a right of survivorship, a tenant in common’s interest can pass under a will (testate) or to heirs under Florida’s intestacy laws if there is no effective will. Because there is no automatic survivorship feature, probate is often the legal process used to establish who receives the decedent’s share and to clear title for future sale, refinancing, or transfer.

The Statute

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

This statute establishes that, in Florida, a conveyance to two or more people generally creates a tenancy in common unless the instrument expressly provides for a right of survivorship (with separate rules for tenancy by the entireties).

If the decedent did not effectively dispose of the interest by will, Florida’s intestacy rules control who inherits that share. See Fla. Stat. § 732.101.

For comparison, if the deed was actually drafted to include survivorship language, that can change whether probate is needed for the decedent’s interest. You can read more here: Can Joint Tenancy With Right of Survivorship Help Me Avoid Probate in Florida?

Why You Should Speak with an Attorney

While the general rule is straightforward, applying it to your deed and family situation is rarely simple. Legal outcomes often depend on:

• Title Language: Florida law turns heavily on what the deed actually says—whether it created a tenancy in common by default under § 689.15 or expressly created survivorship rights.
• Heirs vs. Co-Owners: The surviving tenant in common does not “inherit” the decedent’s share automatically; instead, the decedent’s share may pass to multiple heirs/beneficiaries, creating a new group of co-owners and potential disputes.
• Homestead and Spousal Rights: If the property was Florida homestead, special constitutional/statutory rules can affect who receives what and how the interest is held (including possible tenancy-in-common outcomes for a surviving spouse in certain situations). See, for example, Fla. Stat. § 732.401.

Trying to handle this without counsel can lead to avoidable delays, clouded title, or a transfer that later has to be corrected—especially if a sale is pending or family members disagree about the property.

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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.