What Is Joint Tenancy with Right of Survivorship in Florida?

Florida abolished the old common law presumption of survivorship for joint tenants. The statute states that the doctrine of the right of survivorship does not prevail for real estate or personal property held by joint tenants, with a key exception for estates by the entirety.

As a result, a devise, transfer, or conveyance to two or more people creates a tenancy in common unless the instrument creating the estate expressly provides for the right of survivorship. Clear survivorship language in the deed or other instrument is what creates that result for non entirety holdings. On dissolution of marriage, tenants by the entirety become tenants in common.

Tenancy in common, the default when survivorship is not expressly created, is explained in what tenancy in common is. Assets that may pass outside probate are summarized in what assets are exempt from probate in Florida. Survivorship title questions often turn on the exact wording of the recorded instrument.