The Short Answer

In Florida, a home titled as joint tenancy with right of survivorship generally passes to the surviving co-owner automatically at death and is typically not transferred through probate. The key legal issue is confirming that the deed expressly created survivorship rights and that no exception (like a disclaimer or title defect) changes the outcome.

What Florida Law Says

Florida does not assume survivorship for joint owners unless the deed or other instrument clearly states it. If the deed expressly provides a right of survivorship, the surviving joint tenant generally becomes the sole owner by operation of law upon the other owner’s death, even if other parts of the estate require probate.

For more background on how this can keep a home out of probate, see: Does Joint Ownership With Right of Survivorship Keep a House Out of Probate in Florida?.

The Statute

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

This statute establishes that co-ownership is treated as a tenancy in common unless the instrument creating the ownership expressly provides for the right of survivorship.

Why You Should Speak with an Attorney

Even when a house is intended to pass by survivorship, problems often arise in real life—especially when family members are out of state and some court paperwork has already been started. Legal outcomes often depend on:

• Strict Deadlines: If any probate filing is needed for other assets, Florida’s “small estate” options can have eligibility rules tied to estate value and time since death (for example, summary administration may be available only in certain situations). See Fla. Stat. § 735.201.
• Burden of Proof: Title companies and clerks often require clear documentation that the deed created survivorship and that the death record matches the owner information—small discrepancies can delay a sale or refinance.
• Exceptions: A surviving joint owner can sometimes disclaim survivorship rights, which can change who receives the property. See Fla. Stat. § 739.202.

Because real estate title issues can create expensive delays (or derail a closing), it’s usually worth having a Florida probate attorney review the deed language, confirm whether probate is needed for anything else, and coordinate any filings so the survivor can prove marketable title.

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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.