Planning for the future isn’t always easy—but understanding how property passes when someone passes away can make a world of difference for your loved ones. If you’re a Florida resident, terms like “rights of survivorship,” “wills,” and “testaments” are more than just legal jargon—they’re critical tools in shaping how your estate is handled and protected.
At Lumsden Law, we regularly guide individuals and families through Florida’s estate planning laws, and one of the most common areas of confusion involves how joint ownership, rights of survivorship, and wills interact. This blog will explore each of these in detail so you can make the right decisions for your future and your family.
What Are Rights of Survivorship in Florida?
Rights of survivorship is a legal term that refers to a form of property ownership in which two or more individuals own property together. In Florida, when one owner dies, the deceased person’s share of the property automatically transfers to the surviving owner(s)—without going through probate.
This form of ownership is often referred to as Joint Tenancy with Rights of Survivorship (JTWROS Florida). It is frequently used for:
- Bank accounts
- Real estate
- Vehicles
- Investment accounts
The most common example is a married couple owning a home together. If one spouse dies, the other automatically owns the entire property—bypassing probate entirely.
Joint Tenants with Rights of Survivorship (JTWROS Florida): How It Works
For rights of survivorship to be legally valid in Florida:
- The deed or account must explicitly state that the ownership includes “rights of survivorship.”
- All owners must have equal ownership interests.
- All parties must acquire ownership at the same time.
If these elements are not met, the property may be treated as tenants in common, which means each owner’s interest passes according to their will—or through probate if there is no will.
Important Note: Florida law does not automatically assume rights of survivorship. If the deed or title does not specifically mention it, the courts will not infer it.
Rights of Survivorship vs Will and Testament in Florida
A Last Will and Testament is a foundational document in any estate plan. It allows you to name beneficiaries, guardians for minor children, and an executor to manage your estate. However, a will does not override rights of survivorship.
For example: If John and Mary own their Florida home as joint tenants with rights of survivorship, and John’s will says the home should go to his son from a previous marriage, the property still passes directly to Mary upon his death—not to his son.
This can create conflict in blended families or situations where there are multiple heirs. That’s why understanding how rights of survivorship interacts with your will is vital in Florida estate planning.
Pros and Cons of Rights of Survivorship in Florida
Pros:
- Avoids Probate: Property passes automatically to the survivor.
- Fast and Simple: Transfers happen without court involvement.
- Privacy: Probate is a public process; rights of survivorship keeps it private.
- Low Cost: Avoids legal fees and delays related to probate.
Cons:
- Lack of Flexibility: You cannot leave your share to someone else in your will.
- Unintended Beneficiaries: Assets may go to a co-owner you didn’t intend to inherit everything.
- Exposure to Creditors: If a co-owner has debts or legal issues, your shared property may be at risk.
How to Incorporate Rights of Survivorship into Your Estate Plan
The best estate plans consider your full financial picture, family structure, and long-term goals. In Florida, combining the use of JTWROS, wills, trusts, and other tools ensures your wishes are honored and your family is protected.
Steps to Take:
- Review Your Property Titles: Make sure real estate, vehicles, and accounts reflect your current wishes.
- Draft or Update Your Will: Even if you use survivorship, a will is still essential.
- Consider a Trust: In some cases, a revocable living trust offers more flexibility and control.
- Consult a Florida Estate Planning Attorney: Every situation is different. An experienced attorney will help you avoid unintended consequences and maximize the benefits of each tool.
Why Lumsden Law Is Your Partner in Estate Planning
At Lumsden Law, we understand how the laws in Florida affect your estate and your family. Whether you’re setting up your first will, adding a joint tenant to your property, or navigating the complexities of survivorship and probate, our legal team is here to help you make informed decisions.
We’ve helped countless Florida residents understand the difference between wills, rights of survivorship, and trusts and how to use each to create a solid estate plan.
Final Thoughts: Plan Now to Protect Your Legacy
Rights of survivorship in Florida is a powerful tool, but it’s not a one-size-fits-all solution. It works best when integrated with other estate planning strategies like wills and trusts. By working with an estate planning attorney who understands Florida’s unique laws, you can be confident that your wishes will be honored—and your family will be protected.
Ready to protect your legacy?
Let Lumsden Law help you build a customized estate plan that fits your life, assets, and goals.
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