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🌊 What Happens to Joint Tenancy When One Owner Passes Away?

Florida Real Estate Tip by Ocean Sands Title 🏡⚖️

In Florida, many property owners choose to hold title as Joint Tenants with Right of Survivorship (JTWROS). But what does that mean when one of the owners dies?

Automatic Transfer of Ownership: Under Florida law, when a joint tenant passes away, their share automatically transfers to the surviving joint tenant(s).

No probate. No court delays. The property simply continues in the name of the survivor(s).

What Is Required?
To update the public record, the surviving owner typically only needs to record:
• A certified copy of the death certificate

Once filed, the county’s official records will reflect the surviving owner as holding full title.

It is Important that
• Joint Tenants with Right of Survivorship must be clearly written on the deed, otherwise, Florida law may treat the ownership as tenants in common, which does require probate.
• Federal estate tax rules may require reporting the deceased owner’s interest in larger estates, but this does not stop the automatic transfer of the property to the surviving joint tenant.
• Florida does not impose a state estate tax.

Why It Matters?
Joint tenancy can be a powerful estate, planning tool for couples or co-owners who want to avoid probate and ensure a smooth transition of ownership.

⚖️ Important Note: This post is for general informational purposes only and is not legal advice. For specific legal guidance, please consult a Florida licensed attorney.

🌴 Ocean Sands Title
Your trusted resource for Florida closings, title education, and smooth real estate transactions.
13753 Linden Drive, Spring Hill, Florida 34609
813-499-9949

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THINKING OF SELLING YOUR REAL ESTATE? Call me 352-584-0971
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10/27/2024

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