The Short Answer

In Florida, you can generally refuse (disclaim) a survivorship interest you would otherwise receive in jointly owned property after a co-owner dies, but it must be done through a proper written disclaimer that complies with Florida’s disclaimer laws. If real estate is involved, recording is critical to protect you against later title and notice problems.

What Florida Law Says

Florida’s Uniform Disclaimer of Property Interests Act (Chapter 739) allows a surviving joint owner to disclaim all or part of the survivorship interest that would pass automatically at death. When effective, the law treats the disclaimed interest as passing as though the person who disclaimed had died before the deceased owner—meaning the property goes to the next person in line under the applicable ownership/estate plan rules rather than to the disclaiming party.

The Statute

The primary law governing this issue is Fla. Stat. § 739.202.

This statute establishes that, after the death of a joint owner, a surviving joint owner may disclaim (in whole or in part) the survivorship rights in jointly held property; the disclaimer is effective as of the decedent’s death, and the disclaimed interest passes as if the disclaimant predeceased the decedent.

If the asset is real estate, Florida also addresses notice and title protection through recording requirements. See Fla. Stat. § 739.601, which requires a legal description and recording with the clerk of court in the county where the property is located to provide constructive notice.

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 Florida law permits a disclaimer, tax and planning goals often depend on timing (for example, “qualified disclaimer” concepts under federal law can create tight windows). Missing a timing requirement can change the tax or inheritance result.
• Burden of Proof: The disclaimer must be properly drafted and executed, and for real estate it should include the correct legal description and be recorded to avoid later title disputes or challenges from third parties. See Fla. Stat. § 739.601.
• Exceptions: The correct statute and outcome can change depending on how the property is titled (e.g., joint tenancy with right of survivorship vs. tenancy by the entirety for spouses). Florida has separate rules for tenancy by the entirety disclaimers under Fla. Stat. § 739.203.

Trying to handle this alone can lead to unintended transfers, tax consequences, or a cloud on title that later blocks a sale or refinance. A Florida probate attorney can confirm the correct disclaimer approach for your deed type, coordinate with the estate administration, and help ensure the property passes where you intend under Florida law.

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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.