Deeds – When Does Title To Property Pass To A Survivor?

There are many ways in which title to real property can be held. When held as “joint tenants with right of survivorship” or as “tenants by the entireties”, title to the property will pass to the survivor on title upon the death of the other owner. The survivor will only need to record the deceased person’s death certificate in the county where the property is titled. No other legal action, including probate, should be required.

Florida Statute 689.15 provides that title to property does not pass to the survivor on title unless the deed expressly provides for the right of survivorship. Florida courts have confirmed that survivorship does not arise by implication and must be expressly provided in the creating document. The deed should state “A and B as joint tenants with right of survivorship” or “A and B tenants by the entireties”, or “A and B, as husband and wife”.

It is very easy to destroy the right of survivorship. In the event a subsequent deed is signed by an owner and title is transferred to another person or entity, this will terminate the survivor portion of title. Further, a deed from an owner to himself or herself will sever the survivorship rights.

Before receiving property, you should seek legal counsel to determine how title to the property should be held. Further, before making any changes in title, it would be prudent to meet with a real estate attorney to make sure the proposed transfer does not affect how you want the title to the property to pass upon death of an owner.

Fla. Stat. §689.15; Simon v. Koplin, 159 So. 3d 281 (Fla. 2d DCA 2015); In Re Estate of Suggs, 405 So. 2d 1360 (Fla. 5 th DCA 1981); Harelik v. Teshoney, 337 So. 2d 828 (Fla. 1 st DCA 1976).