How Joint Accounts and Jointly Held Property Transfer at Death under Florida Law

Quick summary: Under Florida law, assets titled so a surviving owner has a right of survivorship (for example, joint accounts with survivorship, transfer-on-death/POD designations, or tenancy by the entireties for married couples) generally pass directly to the surviving owner outside probate. Assets titled solely in the decedent’s name or owned as tenants in common typically become part of the probate estate and are distributed under Florida’s intestacy rules. This article explains how different kinds of ownership work, the practical steps survivors should take, and when you will likely need probate.

Detailed answer

1. Types of ownership and what they mean at death

How property shifts at death depends mainly on how it is owned or whether a beneficiary is designated. Below are the common scenarios under Florida law.

Joint bank accounts

If a bank account is held jointly with a surviving co-owner and the account carries a right of survivorship (which most consumer joint accounts do), the surviving joint owner typically becomes the sole owner automatically when the other owner dies. The bank will usually require a death certificate and ID to transfer the account. If the account was set up with a payable-on-death (POD) or beneficiary designation, the named beneficiary receives the funds outside probate by presenting a death certificate and completing the bank’s forms.

However, if a court later finds the account was funded by the decedent and the joint owner was holding it in trust (a so-called “resulting trust” or where a survivor is a mere custodian), a creditor or an estate representative may challenge the survivorship claim. Also, creditors of the decedent may try to access funds in the decedent’s interest in some circumstances.

Joint ownership of real estate

Real property ownership labels matter:

Tenancy by the entireties: A form of ownership available only to married couples in Florida. When one spouse dies, the surviving spouse automatically owns the property outright. This transfer occurs outside probate.
Joint tenancy with right of survivorship: If property is titled as joint tenants with right of survivorship, the surviving joint tenant takes the whole interest automatically, outside probate.
Tenants in common: Each owner owns a specific share. When one owner dies, that owner’s share becomes part of the probate estate and is distributed under intestacy rules if there is no will.

Sole-owned property and intestacy

Property that the decedent owned solely and without beneficiary designations generally passes through probate. If the decedent died without a valid will (intestate), Florida’s intestacy laws determine who inherits. The rules prioritize close family: surviving spouse and descendants (children and further descendants) are typical heirs. The detailed order of distribution depends on who survives (spouse only, spouse plus children, no spouse but children, parents, siblings, etc.). For the statutory rules on intestate succession, see the Florida Probate Code: Chapter 732 of the Florida Statutes: https://www.leg.state.fl.us/statutes/chapter?chapter=732

2. Special rules and protections

Homestead: Florida’s homestead rules can affect how real property passes at death and provide creditor protections. Homestead transfers and protections are a distinct area of law in Florida, and ownership form and who qualifies as a surviving spouse or child can change the result. If homestead is involved, consult an attorney familiar with Florida homestead law.

Creditors and estate claims: Even when an asset passes outside probate (for example, by survivorship), creditors may still have ways to assert claims against the decedent’s probate estate. In some cases, funds that pass to a surviving joint owner or beneficiary can be subject to creditor claims, especially if the court finds the asset was intended to fund the decedent’s estate.

3. Practical examples (hypotheticals)

Example A — Joint bank account with right of survivorship: Alice and Ben hold a joint checking account. Alice dies without a will. Because the account is joint with survivorship, Ben can usually present Alice’s death certificate to the bank and become the sole account owner without probate.

Example B — Tenancy by the entireties real property: Maria and Jose (married) own their home as tenancy by the entireties. Jose dies intestate. Maria automatically becomes sole owner; the home does not pass through probate.

Example C — Tenants in common: Two friends, Carol and Dan, own a condominium as tenants in common (each 50%). Dan dies without a will. Dan’s 50% interest becomes part of his probate estate and is distributed under Florida’s intestacy rules.

4. Steps survivors should take right away

Obtain several certified copies of the decedent’s death certificate from the funeral home or vital records office.
Locate account statements, deeds, and any beneficiary designations (POD, TOD, payable-on-death forms, life insurance policies, retirement plan forms).
Contact banks, brokerages, and mortgage companies to report the death and ask what documentation they require to transfer assets or update titles.
Check title to real property (recorded deed) to confirm whether it is tenancy by the entireties, joint tenancy, or tenants in common.
If an asset is solely in the decedent’s name and is subject to probate, speak to a probate attorney about opening administration or about simplified procedures that may be available for smaller estates.
Do not make large withdrawals or transfers until you know the legal status of the asset and any creditor risk. Missteps can create personal liability.

5. When probate is required (and alternatives)

If significant assets lack survivorship or beneficiary designations and are titled solely in the decedent’s name, probate administration is generally necessary to transfer ownership to heirs. Florida does provide simplified procedures in certain circumstances (summary administration and disposition of personal property without administration). For statutory guidance about administration and nonadministration procedures, see Chapter 735 of the Florida Statutes: https://www.leg.state.fl.us/statutes/chapter?chapter=735

6. When to get legal help

Contact an attorney if:

Ownership is unclear or financial institutions refuse to transfer funds.
Family members dispute ownership or beneficiary claims.
Real property involves homestead issues or complicated mortgages.
You need to open probate or want advice about using a simplified administration procedure.

Helpful hints

Always check the title and beneficiary lines first — assets with valid survivorship or beneficiary designations usually avoid probate.
Get multiple certified death certificates early. Banks and other institutions often require originals or certified copies.
Don’t assume a joint account is a gift to the survivor in every case; banks follow their records, but courts can later review the facts.
If the decedent owned property as tenants in common, expect that share to go through probate unless a beneficiary was named elsewhere.
Keep an eye on homestead property; Florida law has special rules that can significantly change outcomes for spouses and children.
If creditors exist, be cautious about taking or spending funds that passed outside probate until you know whether the asset is reachable by creditors.
When in doubt, consult a Florida probate attorney early — simple mistakes can be costly later.

Resources

Florida Statutes, Chapter 732 — Intestate succession and related probate provisions: https://www.leg.state.fl.us/statutes/chapter?chapter=732
Florida Statutes, Chapter 735 — Administration procedures, including summary administration and nonadministration procedures: https://www.leg.state.fl.us/statutes/chapter?chapter=735

Disclaimer: This article provides general information about Florida law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Florida attorney who practices probate or estate law.