Survivorship Deed
Definition:
A Survivorship Deed is a type of property ownership arrangement in which two or more individuals hold title to real estate with a **right of survivorship**. This means that when one owner dies, their share automatically transfers to the surviving owner(s) without the need for probate. It is commonly used by spouses, family members, or business partners to ensure a smooth transfer of ownership upon death.
Survivorship Deed Information
A Survivorship Deed simplifies estate planning and helps property co-owners avoid probate court. This type of deed typically establishes **joint tenancy with right of survivorship (JTWROS)**, ensuring that ownership passes directly to the remaining co-owners upon death. Unlike a **tenancy in common**, where each owner’s share can be inherited by heirs, a survivorship deed keeps property within the surviving ownership group. It must be clearly stated in the deed language to be legally valid. Survivorship deeds are widely used in residential property transfers, especially between spouses, to streamline title succession and reduce estate administration costs.
Florida Legal Definition
Under **Florida law**, a **Survivorship Deed** is recognized when real property is conveyed to two or more persons as **joint tenants with right of survivorship**, as outlined in **Florida Statutes Section 689.15**. The deed must include clear language such as “as joint tenants with right of survivorship and not as tenants in common” to establish this legal relationship. Upon the death of one joint tenant, their interest automatically passes to the surviving tenant(s), bypassing probate. Florida also allows a special form called a **Tenancy by the Entirety (TBE)** for married couples, which includes survivorship rights and additional protections against creditors. Proper drafting and recording are essential to ensure the survivorship rights are enforceable.
How It’s Used in Practice
In practice, Survivorship Deeds are often used in Florida by married couples or close family members who wish to ensure property passes seamlessly upon death. For example, a husband and wife may hold their home under a **tenancy by the entirety**, so when one spouse dies, full ownership immediately transfers to the surviving spouse. Real estate attorneys prepare these deeds during purchases, refinances, or estate planning to ensure proper legal wording. Title companies and county recorders verify that survivorship intent is explicitly stated. This deed provides a simple, cost-effective alternative to probate, ensuring uninterrupted ownership transition.
Key Takeaways
- A **Survivorship Deed** allows property to pass automatically to surviving co-owners upon death.
- Must clearly state “joint tenancy with right of survivorship” to be valid under Florida law.
- Under Florida Statutes Section 689.15, survivorship deeds differ from tenancy in common arrangements.
- Common among spouses, family members, and joint property owners seeking to avoid probate.
- Ensures fast, automatic transfer of title and simplifies estate settlement.
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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