Florida: Do Survivorship Assets Belong in a Probate Inventory?

Short answer — Generally no

In Florida, assets that pass automatically to a survivor by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entireties between spouses) normally pass outside probate. That means they are usually not part of the decedent’s probate estate and typically are not listed on the inventory that the personal representative files for probate administration.

Disclaimer: This is general information, not legal advice. Consult a Florida probate attorney to apply these principles to your situation.

Detailed answer — How survivorship and inventories work in Florida

Start with basic definitions:

• Right of survivorship: When property is owned with a right of survivorship, ownership automatically transfers to the surviving owner(s) when one owner dies. No probate is needed to effect that transfer.
• Probate inventory: The personal representative (sometimes called the executor) must identify and account for the decedent’s probate assets during administration. Probate assets are those owned solely by the decedent at death and subject to administration under Florida probate law.

Florida law divides property into probate and nonprobate categories. Nonprobate transfers — including many survivorship-tenancy arrangements, payable-on-death (POD) designations, transfer-on-death accounts, and named beneficiaries on insurance or retirement plans — typically pass by contract or operation of law and do not become part of the probate estate.

For Florida statutory guidance on probate administration and the duties of personal representatives, see Chapter 733 (Administration of Estates of Decedents) of the Florida Statutes: Fla. Stat. ch. 733. For rules on disposition and nonprobate transfers, see Chapter 732: Fla. Stat. ch. 732.

When you do NOT normally include survivorship assets in the probate inventory

• Property titled as joint tenancy with right of survivorship (JTWROS) or tenancy by the entireties (married couples) passes automatically to the surviving owner and generally is not a probate asset.
• Bank accounts or securities titled as joint with right of survivorship pass to the joint owner and usually are not inventoried.
• Accounts or policies with valid beneficiary designations (POD, TOD, life insurance, retirement plans) pass to the named beneficiary and are typically nonprobate.

When you may need to list or report survivorship assets

There are important exceptions and practical reasons you may need to identify survivorship or nonprobate assets during probate:

• Disputed ownership: If ownership is unclear or an institution disputes a right-of-survivorship claim, the personal representative may need to provide documentation or list the asset while the dispute is resolved.
• Creditor claims: Some creditor claims or lawsuits may raise issues about whether transfers were valid. If a transfer appears fraudulent or was intended to defeat creditors, a court may treat the asset as part of the estate.
• Tracing or contribution claims: If the decedent supplied most or all funds to buy the asset but titled it jointly for convenience, beneficiaries or creditors may challenge the survivorship claim and ask the court to include the asset in the probate estate.
• Accounting to heirs and interested parties: Even when property passes outside probate, the personal representative often lists or describes nonprobate transfers in communications or the final accounting so heirs know why the estate has certain assets or not.

Practical steps to take

1. Gather documents: get death certificate(s), title documents, bank statements, beneficiary forms, recorded deeds, trust instruments, and account signatures.
2. Confirm title language: look for words like “with right of survivorship,” “joint tenants with right of survivorship,” or “tenancy by the entireties.”
3. Contact the institution: banks, brokerages, and county recording offices can explain how they handle survivorship transfers and which documents they will require to pay a surviving owner.
4. Consider filing an affidavit or other proof: some institutions accept a certified copy of the death certificate and an affidavit of survivorship instead of probate paperwork.
5. When in doubt, disclose: if you are the personal representative and you cannot confirm whether an asset is truly nonprobate, disclose it to your probate attorney or list it subject to explanation so you do not risk failing an accounting or breaching duties.

Common scenarios and how they usually play out

Scenario A — Bank account titled solely in decedent’s name: This is a probate asset. It should be included in the inventory and administered through probate.

Scenario B — Bank account titled as “John and Mary Doe, joint tenants with right of survivorship”: That account typically passes to the surviving owner (Mary) outside probate and normally is not included in the inventory.

Scenario C — House deeded to “John Doe and Jane Doe, as tenants by the entireties”: As long as the couple was married and held the property as tenants by the entireties, the surviving spouse owns the property outright on death and it usually is not a probate asset.

Scenario D — Deed or account titled jointly but the decedent paid the entire purchase price and the co-owner was added shortly before death to avoid probate: Creditors or heirs may challenge the transfer. The court could find a resulting or constructive trust and include the asset in probate. In such situations, do not assume automatic exclusion.

When to consult a Florida probate attorney

• If an institution refuses to recognize survivorship and demands probate paperwork.
• If heirs or creditors contest whether a transfer was valid.
• If you are the personal representative and cannot determine which assets are probate assets and which pass outside probate.
• If substantial value or real estate is involved and title, deed language, or contribution history is unclear.

Helpful hints

• Keep originals or certified copies of title documents and beneficiary forms. Institutions often require originals to accept survivorship claims.
• Obtain multiple certified death certificates early — banks and title companies typically want to see one or more.
• When in doubt, flag the asset in your estate inventory or communications as “claimed nonprobate” with supporting documents, rather than omitting it entirely.
• Remember that trusts, beneficiary designations, and survivorship ownership are common ways to avoid probate — but they must be properly documented to work.
• If a property is real estate, check the county recorder’s office for the recorded deed that shows the form of title (JTWROS, tenancy by entireties, etc.).
• Consult a probate attorney before making distributions from the estate if there is any question about whether an asset belongs to the probate estate.

Final practical point: Even when survivorship assets do not belong in the probate inventory, the personal representative should be ready to produce documentation showing the nonprobate nature of those assets. Clear records prevent disputes and protect the personal representative from claims that they failed to disclose or mismanaged estate property.

For more on Florida probate administration see Florida Statutes, Chapter 733 (Administration of Estates of Decedents): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.cfm. For information on disposition of property and nonprobate transfers see Chapter 732: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732ContentsIndex.cfm.