What Is Right of Survivorship?
Right of survivorship is a feature of certain co-ownership arrangements that causes a deceased owner's share of the property to pass automatically to the surviving co-owner(s) at the moment of death. The transfer occurs by operation of law, meaning it happens instantly and does not require probate, a will, or any court action.
Forms of Ownership with Survivorship
- Joint tenancy with right of survivorship — Two or more owners hold equal shares. When one dies, the survivors inherit that share automatically.
- Tenancy by the entireties — Available only to married couples in Florida. Both spouses own the entire property together. When one spouse dies, the survivor becomes the sole owner. This form also provides strong creditor protection in Florida; a creditor of only one spouse generally cannot force the sale of entireties property.
Note: Tenancy in common does not include the right of survivorship.
Florida Legal Requirements
Under Section 689.15, Florida Statutes, a deed to two or more persons creates a tenancy in common (no survivorship) unless the deed expressly provides for survivorship. The deed must contain specific language such as:
- "as joint tenants with right of survivorship and not as tenants in common"
- "as tenants by the entireties" (for married couples)
Without explicit survivorship language, the surviving co-owner does not automatically inherit the deceased owner's share; instead, it passes through the deceased owner's estate.
How Survivorship Transfers Work
When a co-owner with survivorship rights dies, the surviving owner records a certified copy of the death certificate with the county clerk. This removes the deceased owner's name from the title. No deed, probate, or court order is needed. The surviving owner then holds full title to the property.
Related Terms
- Joint Tenancy — Co-ownership with survivorship
- Tenancy in Common — Co-ownership without survivorship
- Life Estate — Another probate-avoidance tool
- Living Trust — Alternative probate avoidance
Barnes Walker Title Vesting
Barnes Walker's attorneys ensure deeds contain proper survivorship language when clients intend co-ownership with automatic transfer. Submit a title inquiry for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC