What Joint Tenancy With Right of Survivorship Means in Florida
Joint tenancy with right of survivorship is a way for two or more people to own the same property at the same time, with an automatic transfer at death. Each joint tenant owns the whole property together with the other owners. When one joint tenant dies, the surviving joint tenant or tenants take the decedent’s share immediately by operation of law.
Florida law requires the deed to include survivorship language. A deed that names two grantees without saying “with right of survivorship” creates a tenancy in common instead. Tenants in common do not have an automatic right to inherit. Each tenant in common owns a separate share that passes through probate at death.
The survivorship words must appear in the deed itself. A deed that reads “John Doe and Jane Doe as joint tenants with right of survivorship” will pass the property to the survivor at the first death. A deed that reads only “John Doe and Jane Doe” will not.
Married couples in Florida are treated differently. A deed to spouses creates tenancy by the entirety unless the deed says otherwise. Tenancy by the entirety also carries survivorship, but it has additional creditor protections that joint tenancy does not have.
Joint tenancy is a present ownership interest. Each joint tenant owns a share today, not a future interest after someone dies. The consequences of that present ownership matter most when the joint tenants are a parent and an adult child.
Joint Tenancy vs Tenancy in Common vs Tenancy by the Entirety
Florida recognizes three main ways for two or more people to own the same property. The differences affect what happens at death, what creditors can reach, and whether one owner can act alone.
| Form of ownership | Who can use it | What happens at death | Creditor protection |
|---|---|---|---|
| Tenancy in common | Any two or more people | Each owner’s share passes through that owner’s probate estate | None; a creditor of one owner can reach that owner’s share |
| Joint tenancy with right of survivorship | Any two or more people | The surviving owner takes the whole property outside probate | None; a creditor of one owner can reach that owner’s share |
| Tenancy by the entirety | Married couples only | The surviving spouse takes the whole property outside probate | Strong; a creditor of only one spouse cannot reach the property |
Tenancy in common is the default in Florida. A deed to two people who are not married creates a tenancy in common unless the deed says “with right of survivorship.” Each tenant in common can sell or mortgage their share without the other’s consent. Each share passes through probate when that owner dies.
Joint tenancy with right of survivorship adds the automatic transfer at death. The surviving joint tenant takes the property immediately, without probate, without the cost or delay of court administration. A joint tenant can still sell or mortgage their share during life. A creditor of one joint tenant can still reach that joint tenant’s share.
Tenancy by the entirety is available only to married couples. A deed to spouses creates tenancy by the entirety unless the deed says otherwise. The survivorship feature works the same way. The creditor protection does not. A judgment against only one spouse cannot attach to property held as tenants by the entirety. Both spouses must sign to sell or mortgage the property.
Does a Joint Tenancy Avoid Probate in Florida?
A joint tenancy with right of survivorship does avoid probate on the property itself. When one joint tenant dies, the survivor takes the whole property by operation of law. No court proceeding is required to transfer title. The survivor records the death certificate, and the property belongs to the survivor alone.
Probate avoidance is the main reason people create joint tenancies. A probate administration in Florida can take six months to a year or longer. The attorney fees and court costs reduce what the family receives. The proceedings are public, and anyone can look up the inventory of assets and the names of beneficiaries.
Joint tenancy avoids those problems for the property held jointly, but it does not avoid them for the owner’s other assets. A joint tenancy on the house does nothing for the bank accounts, the investment accounts or the cars titled in one name. Those assets still go through probate unless they have their own survivorship or beneficiary designations.
Joint tenancy also avoids probate only at the first death. After the first joint tenant dies, the survivor owns the property alone. The survivor needs a new plan for that property, a new joint deed with another person, a lady bird deed or a revocable trust. Without a new arrangement, the property will pass through the survivor’s probate estate.
A lady bird deed avoids probate at every death, not just the first, and it does so without creating a present ownership interest in anyone else during the owner’s life.
Thinking about adding a child to the deed? Ask first.
A free consultation covers your facts, the fee and the timeline.
Book a free consultationAdding a Child to Your Deed: What You Give Away Today
Adding an adult child to your deed as a joint tenant is a present gift. The child owns a share of the property from the moment you record the deed. The gift has consequences that many parents do not expect.
The child’s creditors can reach the child’s share. If the child has a judgment against them, the creditor can place a lien on the property. If the child files bankruptcy, the bankruptcy trustee may sell the child’s share or force a sale of the whole property. A parent who added a child to avoid probate may find the house at risk while the parent is still living in it.
The child’s divorce can draw the property into litigation. A gifted share is the child’s nonmarital property under Florida law, but any appreciation during the marriage and any commingling of funds can change that. A parent who wanted to help a child may find the house pulled into a divorce proceeding.
The parent cannot sell or refinance alone. Both owners must sign a deed to convey the property. Both owners must sign a mortgage to encumber the property. A parent who needs to refinance or sell in an emergency will need the child’s cooperation and signature.
The addition of the child to the deed is a gift that must be reported on a gift tax return when it exceeds the annual exclusion. If the house is sold while the parent is alive, the child’s share carries the parent’s original basis, and the child owes tax on the gain from that old cost. The child cannot sell that share free of tax.
Creditors, Divorce and the Co-Owner’s Share
A joint tenant’s share is an asset that creditors can reach. Joint tenancy does not provide the creditor protection that tenancy by the entirety provides to married couples.
A creditor who obtains a judgment against one joint tenant can record the judgment and create a lien on that joint tenant’s share. The creditor can levy on the share and force a sale of it. The other joint tenant may be able to buy out the creditor’s claim, but the option depends on having the money to do so.
Bankruptcy exposes the joint tenant’s share to the bankruptcy estate. The bankruptcy trustee steps into the shoes of the debtor and can sell or liquidate the debtor’s assets to pay creditors. A parent who added a child to the deed may find the trustee asserting a right to sell the child’s share of the family home.
Divorce can draw the property into litigation. A child’s gifted interest is nonmarital property under Florida law, but appreciation during the marriage or commingling of funds can change the picture. The other spouse may claim a share of the property’s value, and the court may need to sort out what belongs to whom.
Tenancy by the entirety protects married couples from these problems when only one spouse is the debtor. A judgment against one spouse alone cannot attach to property held by both spouses as tenants by the entirety. Joint tenancy with a child does not carry the same protection.
Joint Bank Accounts and Survivorship
Joint bank accounts are governed by a different statute than joint ownership of real estate. A deposit account with survivorship rights passes to the surviving account holder under the banking statute, not under the rules for deeds.
Adding a child to a bank account as a joint owner will pass the account to the child outside probate when you die. Under Florida’s banking statute, a joint account is presumed to carry survivorship rights unless the account contract says otherwise. The child can also access the account while you are alive. The child can withdraw funds without your consent. A parent who adds a child for convenience may lose control of the account.
A joint bank account does not require the same magic words that a deed requires. The banking statute supplies the survivorship presumption. The account agreement can override the presumption, but most do not.
Joint bank accounts are subject to the same creditor risks as joint deeds. A child’s creditors can reach the child’s interest in the account. A bankruptcy trustee can claim the child’s share. A divorce court can draw the child’s interest into litigation.
A payable on death designation is an alternative that avoids probate without giving the beneficiary any present interest. You keep full control of the account during your life. The named beneficiary receives the account at your death, but the beneficiary has no rights until then.
A Lady Bird Deed Instead of a Joint Deed
A lady bird deed accomplishes probate avoidance without creating a present interest in anyone else. The property passes to the named beneficiaries at your death, outside probate, but you keep complete control during your life.
A lady bird deed (called an enhanced life estate deed) reserves the owner’s right to sell, mortgage, lease or revoke the deed without the beneficiaries’ consent. The beneficiaries have no ownership interest until the owner dies. A creditor of the beneficiary cannot reach the property during the owner’s life. The beneficiary’s divorce cannot pull the property into litigation. The owner can refinance without any signature from the beneficiaries.
The entire property receives a step-up in basis at the owner’s death. The beneficiaries take the property with a tax basis equal to the fair market value at death. Any gain is measured from that date. A child who receives the house through a lady bird deed and sells it soon after usually shows little or no gain.
A lady bird deed is available in Florida for any property, not just the homestead. A rental property or a vacation home can pass to named beneficiaries through a lady bird deed. The deed can name backup beneficiaries in case the first beneficiary dies before the owner.
A lady bird deed does not give away anything during your life. The property stays yours to use, sell or change your mind about. The named beneficiaries have only an expectancy, not a vested interest. The beneficiaries cannot force a sale, demand a share of rent or sign any document affecting the property.
What a Joint Deed or a Lady Bird Deed Costs
A lady bird deed at this firm costs a flat fee from $399 for one owner, or $449 for two owners, plus recording. The fee covers the deed itself. Government costs for recording are additional and passed through at cost.
A deed that adds someone to the title as a joint tenant with right of survivorship costs the same. The drafting work is similar. The difference is in what the deed accomplishes and what it gives away.
A Secure Will Estate Plan includes a lady bird deed on the home along with the will, durable power of attorney, health-care surrogate, living will and HIPAA authorization. The plan costs $1,200 for an individual or $1,950 for a couple, plus recording.
A Complete Trust Plan costs $3,200 for an individual or $4,500 for a couple, plus recording. The plan includes the revocable living trust, the pour-over will, the powers of attorney and health-care documents, and the deed moving the home into the trust.
A free 30-minute consultation by phone, Zoom or WhatsApp is available to discuss which approach fits your situation. You can describe your property, your family and your goals, and we can talk through the options and the costs before you decide anything.
Frequently Asked Questions
What is joint tenancy with right of survivorship in Florida?
Joint tenancy with right of survivorship is a form of property ownership where two or more people own the property together, and when one owner dies the surviving owner or owners take the decedent’s share automatically. The property passes outside probate. Each joint tenant owns a present interest in the property during life, and any joint tenant can sell or encumber their share. Florida law requires the deed to include the words “with right of survivorship” to create this form of ownership.
Does Florida recognize joint tenancy with right of survivorship?
Florida recognizes joint tenancy with right of survivorship when the deed includes the necessary language. A deed to two or more people without survivorship language creates a tenancy in common instead. The survivorship words must appear in the deed itself. A deed that reads “John Doe and Jane Doe as joint tenants with right of survivorship” will pass the property to the survivor at the first death. A deed that reads only “John Doe and Jane Doe” will not.
What words does a Florida deed need to create survivorship?
A Florida deed must include the words “with right of survivorship” to create joint tenancy with survivorship. A deed to two people creates tenancy in common unless those words appear. The phrase “as joint tenants” alone is not enough. The survivorship language must be in the deed itself. Married couples are an exception. A deed to spouses creates tenancy by the entirety, which includes survivorship, unless the deed says otherwise.
What is the difference between joint tenants and tenants in common in Florida?
Joint tenants with right of survivorship receive the property automatically when another joint tenant dies, outside probate. Tenants in common do not have survivorship rights. Each tenant in common owns a separate share that passes through that owner’s probate estate at death. Both forms allow each owner to sell or mortgage their own share without the other’s consent. Neither form provides creditor protection. The words in the deed determine which form applies.
Does joint tenancy avoid probate in Florida?
Joint tenancy with right of survivorship avoids probate on the property itself at the first death. The surviving joint tenant takes the whole property by operation of law, without court proceedings. The survivor records the death certificate to clear title. Joint tenancy does not avoid probate for the owner’s other assets. After the first death, the survivor owns the property alone and needs a new plan. Without one, the property will pass through the survivor’s probate estate at the second death.
Can I add my child to my deed in Florida?
Adding a child to your deed in Florida is legally possible, but the consequences are significant. The transfer is a present gift of a share in the property. The child owns that share today. The child’s creditors, divorce and bankruptcy can reach the child’s share while you are alive. You cannot sell or refinance without the child’s signature. If the house is sold while you are alive, the child’s share carries your original basis, and the child owes tax on the gain from that old cost.
What happens if one joint tenant dies in Florida?
When one joint tenant dies in Florida, the surviving joint tenant or tenants take the decedent’s share immediately by operation of law. The property does not pass through probate. The survivor records a certified copy of the death certificate to establish clear title. The property then belongs to the survivor alone. The survivor needs a new plan for the property, because without one the property will pass through the survivor’s probate estate at the second death.
Can a joint tenant sell their share without the other?
A joint tenant can sell or mortgage their own share without the other joint tenant’s consent. The sale severs the joint tenancy and converts it to a tenancy in common between the buyer and the remaining original owner. The survivorship feature is destroyed. Neither the seller nor the buyer will have an automatic right to inherit from the other owner. Both owners must sign to sell the entire property. A buyer of a partial share becomes a tenant in common with the other owner.
Can creditors go after jointly owned property in Florida?
Creditors can reach a joint tenant’s share of jointly owned property in Florida. A creditor with a judgment against one joint tenant can record the judgment and create a lien on that owner’s share. The creditor can levy on the share and force a sale of it. Joint tenancy does not provide creditor protection. Tenancy by the entirety, available only to married couples, does provide protection when only one spouse is the debtor. A judgment against one spouse alone cannot attach to entireties property.
Is a joint bank account the same as joint tenancy on a deed?
Joint bank accounts and joint tenancy on a deed both pass to the survivor outside probate, but they are governed by different statutes. Florida’s banking statute presumes that a joint deposit account carries survivorship rights unless the account contract says otherwise. A deed must include the words “with right of survivorship” in the document itself. A joint bank account holder can withdraw funds during life without the other owner’s consent. Both forms expose the property to the joint owner’s creditors.
What is tenancy by the entirety and how is it different?
Tenancy by the entirety is a form of ownership available only to married couples. A deed to spouses creates tenancy by the entirety unless the deed says otherwise. Tenancy by the entirety includes survivorship, so the surviving spouse takes the whole property outside probate. Tenancy by the entirety also provides creditor protection that joint tenancy does not. A judgment against only one spouse cannot attach to property held as tenants by the entirety. Both spouses must sign to sell or mortgage the property.
Is a lady bird deed better than adding someone to the deed?
A lady bird deed avoids probate without giving away any present interest. The owner keeps full control during life, including the right to sell, mortgage or revoke without anyone else’s consent. The beneficiaries have no ownership until the owner dies, so their creditors, divorce and bankruptcy cannot reach the property. The entire property receives a step-up in basis at the owner’s death. Adding someone to the deed gives away a present share, exposes that share to the new owner’s creditors, and creates a taxable gift.
Common Situations
A widow in her seventies added her son to the deed on her house so the property would pass to him without probate. Two years later she needed to refinance her mortgage. The lender required her son’s signature on the loan documents. Her son was in the middle of a divorce. His wife’s attorney argued that the house should be part of the discovery process. The widow faced either waiting out the divorce or paying lawyers to establish that the gifted share was nonmarital property. A lady bird deed would have avoided probate without giving the son any present interest.
A married couple owned a rental property as joint tenants with right of survivorship. When the husband died, the wife took the whole property outside probate. The property had appreciated from $200,000 to $400,000. The wife received a step-up in basis only on her husband’s half of the property. Her basis was $100,000 (her original share) plus $200,000 (his stepped-up share), totaling $300,000. When she sold the property for $400,000, she owed capital gains tax on $100,000. A lady bird deed would have stepped up the entire basis at the first death.
Sources of Law
- Survivorship and tenancy in common on a deed: Fla. Stat. §689.15
- Conveyances between spouses: Fla. Stat. §689.11
- Joint deposit accounts and survivorship: Fla. Stat. §655.79
- Devise of homestead: Fla. Stat. §732.4015
- Powers of a trustee on the face of a deed: Fla. Stat. §689.073
Related Guides
Florida lady bird deeds · Tenancy by the entirety · Adding someone to a deed · Step-up in basis · Quitclaim deeds
What I See When a Parent Has Already Added a Child
In 14 years of law practice, I have seen many families learn the difference between avoiding probate and giving away ownership only after the problems arrived. A parent adds an adult child to the deed, thinking the house will pass smoothly at death, and then discovers the child must sign everything.
I have a few take-home points.
The first is that survivorship and ownership are separate questions. Joint tenancy with right of survivorship answers the survivorship question by passing the property to the survivor outside probate. The ownership question is answered the moment you record the deed. A joint tenant owns a share today. That share is an asset the joint tenant’s creditors can reach, that a bankruptcy trustee can claim, and that can be drawn into a divorce. A parent who wanted only to avoid probate has given a share of the house to the child’s future creditors and future spouse.
The second is that a lady bird deed separates the two questions entirely. The owner keeps complete ownership during life, including the right to sell, mortgage or revoke without anyone else’s consent. The beneficiaries receive the property at death, outside probate, with a full step-up in basis. The beneficiaries have no present interest, so their problems cannot reach the property while the owner is alive.
Avoid adding a child to the deed when the real goal is probate avoidance. The deed accomplishes that goal, but it accomplishes much more than you intended.
One honest limit is that joint tenancy with a spouse as tenants by the entirety provides creditor protection that neither joint tenancy with a child nor a lady bird deed provides.
Kevin D. Klagge, Esq., admitted in Florida since 2012. General information rather than advice on your situation.
Updated on October 29, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.
More Guides on Florida Lady Bird Deeds and Deeds
- How Much It Costs to Transfer a Deed in Florida
- How to Get a Quitclaim Deed in Florida
- Florida Warranty Deed
- Florida Land Trust
- Can You Get a Mortgage on a Florida Land Trust?
- Transfer Property to a Family Member in Florida
- How to Remove an Ex-Spouse From a Deed in Florida
- Florida Documentary Stamp Tax on a Deed
