Question 1

What is a survivorship deed in Florida?

Accepted Answer

A survivorship deed creates a joint tenancy with right of survivorship (JTWROS). When one owner dies: their interest automatically passes to the surviving owner(s) without going through probate. In Florida: to create a JTWROS, the deed must expressly state: "as joint tenants with right of survivorship and not as tenants in common" (Section 689.15: tenancy in common is the default in Florida; JTWROS must be expressly created). The deed: is recorded in the official records of the county where the property is located.

Question 2

How does a survivorship deed avoid probate in Florida?

Accepted Answer

Probate avoidance: when one joint tenant dies: the surviving joint tenant(s) automatically own the property (the deceased’s interest transfers by operation of law, not through the will or probate). The survivor: records an affidavit of survivorship (along with a certified copy of the death certificate) in the official records. This: clears the title and confirms the survivor’s ownership. Advantages: avoids the delay and expense of probate (no court involvement needed), avoids the need for ancillary probate (if the owners live in different states), and provides immediate access to the property.

Question 3

What are the disadvantages of a survivorship deed?

Accepted Answer

Disadvantages: loss of control (the owner cannot sell or mortgage the property without the other owner’s consent), gift tax (transferring an interest to a non-spouse joint tenant may trigger gift tax), stepped-up basis (only the deceased’s share receives a stepped-up basis: the survivor’s share retains its original basis), creditor exposure (if one joint tenant has creditors: the creditors may be able to reach the property), and unintended consequences (if the joint tenant dies first: the property goes entirely to the survivor, which may not align with the owner’s estate plan). Alternative: a revocable trust may provide the same probate avoidance benefits without these disadvantages.

Survivorship Deed

Survivorship Deeds in Florida

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Benefits

Disadvantages

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