Right of Survivorship
Definition:
The right of survivorship is a legal principle that allows ownership of property to automatically transfer to the surviving co-owner(s) upon the death of one owner. This means that when one joint owner dies, their interest in the property does not pass through probate or to heirs but instead vests directly in the remaining living owner(s). It is most commonly used in joint tenancy and tenancy by the entirety arrangements.
Right of Survivorship Information
The right of survivorship ensures a seamless transfer of property ownership between co-owners without the need for court proceedings. It is often chosen by spouses or business partners to simplify succession and maintain control of shared property. This right must be clearly stated in the deed or ownership agreement to be enforceable. Without this provision, ownership may default to tenancy in common, where each party’s share passes to their estate upon death rather than to the surviving owner.
Florida Legal Definition
Under Florida law, the right of survivorship applies primarily to **joint tenancy with right of survivorship (JTWROS)** and **tenancy by the entirety** for married couples. According to **Florida Statutes Chapter 689**, this right must be explicitly declared in the deed; otherwise, the property ownership will default to tenancy in common. Upon the death of one co-owner, the surviving owner automatically acquires full title to the property, bypassing probate. Florida courts uphold survivorship rights strictly according to the wording of the deed or title document, emphasizing the importance of proper drafting to ensure the intended transfer of ownership.
How It’s Used in Practice
In practice, the right of survivorship is widely used in estate planning and real estate ownership to provide a simple and cost-effective way to transfer ownership upon death. Married couples often hold property as tenants by the entirety to take advantage of survivorship and creditor protections. When one spouse or co-owner dies, the surviving owner files an affidavit of survivorship and a death certificate with the county recorder to update the title. This eliminates the need for probate and ensures continuity of ownership.
Key Takeaways
- The right of survivorship allows surviving co-owners to automatically inherit property without probate.
- Must be explicitly stated in the deed or title to be legally enforceable in Florida.
- Commonly used in joint tenancy and tenancy by the entirety arrangements.
- Governed in Florida by Chapter 689 of the Florida Statutes.
- Provides a simple, efficient transfer of ownership upon the death of a co-owner.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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