The Short Answer

In Florida, whether you can “change the name on the deed” after a spouse dies depends on how the home was titled. If you and your spouse owned the property as tenants by the entirety (common for married couples) or as joint tenants with right of survivorship, the surviving spouse typically becomes the sole owner by operation of law—but you still usually need to update the public records to avoid title problems later.

If the property was not titled with survivorship rights, a probate or other court process may be required before title can be cleared.

What Florida Law Says

Florida law generally assumes that co-owners inherit as tenants in common unless the deed clearly creates a right of survivorship. There is a major exception for married couples who own property as an estate by the entirety, where survivorship is built in. This distinction is critical because it determines whether the surviving spouse can take full title automatically or whether the deceased spouse’s interest must pass through an estate process.

If you’re dealing with a Florida homestead, additional constitutional and probate rules can affect who ultimately receives the property, especially when there are descendants from the deceased spouse. (For more background, see Does Joint Ownership Between Spouses Change Who Inherits the Property in Florida?.)

The Statute

The primary law governing survivorship vs. tenancy in common is Fla. Stat. § 689.15.

This statute establishes that joint ownership does not automatically include survivorship in Florida unless the deed expressly provides for survivorship—except for property held as an estate by the entirety (a common form of ownership for married couples).

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: If the home is Florida homestead and the surviving spouse needs to make certain elections (in some situations), timing can matter and missed deadlines can permanently change property rights.
• Burden of Proof: Title companies and county records offices often require clear documentation showing how title passed (survivorship vs. probate transfer). If the deed language is unclear, you may face delays or be unable to sell/refinance.
• Exceptions: Homestead restrictions, blended-family issues, and deeds that do not clearly state survivorship can trigger the need for probate or a court order to “clear title.”

Trying to handle this alone can lead to recording the wrong document, creating a cloud on title, or discovering at closing that you cannot sell or refinance without additional legal work. If you want to read more on the survivorship-records issue, see Do I Need to Re-Record or Update a Joint Survivorship Deed After a Co-Owner Dies in Florida?.

Get Connected with a Florida Attorney

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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.