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Andrew David Easler, Esq.
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What Does Right of Survivorship Mean?
When one co-owner dies, that owner's share passes to the surviving co-owners by law, without probate and regardless of the deceased owner's will.
The right of survivorship means that when one co-owner dies, that owner's share passes to the surviving co-owners. The transfer happens by operation of law, so the property does not go through probate and the deceased owner's will does not control it.
In Florida, the right of survivorship exists in a joint tenancy with right of survivorship and in a tenancy by the entirety between spouses. A deed to two or more unmarried people creates a tenancy in common, with no survivorship, unless the deed expressly states a right of survivorship.
Co-owners often choose survivorship to keep property within a family or married couple and to avoid probate for that property.
For example, two siblings own a home as joint tenants with right of survivorship. When one sibling dies, the surviving sibling becomes the sole owner, regardless of what the deceased sibling's will says. The survivor usually records a certified death certificate to update the county records.
Survivorship overrides a will, which can lead to results the owner did not intend, such as cutting out the deceased owner's children. It can also be challenged for fraud, undue influence, or lack of capacity. A real estate attorney can review whether survivorship fits the owners' plans.
Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.