Charlotte, NC asked in Probate, Contracts and Real Estate Law for Florida

Q: Does joint ownership go straight to probate if one of the owners pass away?

Or does it go straight to the other owner as suvivorship owner?

2 Lawyer Answers

A: It depends on whether the property was owned as tenants in common or as joint tenants with right of survivorship. It is best to have an attorney review the subject deed and advise you accordingly. All the best.

A: Florida has more than one type of joint ownership. Tenants in Common or joint tenants with rights of survivorship. The key to your question is the exact wording of the way title was taken in the name of the deceased person and the living person.

If you send me a copy of the deed or give me the county and the book and page of the deed I will be happy to look at the same and give you an answer.

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