Joint Tenancy Survivorship in Florida
Survivorship is the defining feature of joint tenancy: when a joint tenant dies, their interest automatically vests in the surviving tenant(s) by operation of law, bypassing probate. This transfer is immediate, cannot be overridden by a will, and requires only simple documentation to clear title.
How Survivorship Works
- Deceased tenant’s interest automatically vests in survivor(s)
- Transfer is immediate upon death
- No probate required
- Cannot be overridden by will, trust, or intestacy statute
Clearing Title After Death
- Obtain certified death certificate
- Prepare affidavit of survivorship
- Record both in the county official records
- No court order or probate proceeding needed
- Title companies require these documents for new policies
Important Considerations
- Will provisions for JTWROS property are ineffective
- Only way to prevent survivorship transfer: sever before death
- Creditors of the deceased tenant generally cannot reach the property after death
Related Terms
- JTWROS — Creation requirements
- Severance — Destroying survivorship
- Probate — Alternative estate process
Barnes Walker Estate and Title
Barnes Walker’s attorneys and Barnes Walker Title assist surviving joint tenants with title clearance in Manatee and Sarasota counties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC