Miami, FL asked in Real Estate Law and Probate for Florida

Q: Can more than one person's death be included in an affidavit of survivorship?

My parents and I were joint tenants with rights of survivorship. They have both passed away, but my mother's death was never recorded (she died a few years ago). I am not sure how to proceed. Can they both be named as decedents in the affidavit of survivorship?

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2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: Yes, you can include multiple people in the affidavit. It will need to be changed to reflect multiple decedents. It may be easier to do a separate affidavit of survivorship for each of your parents though.

Cesar Mejia Duenas
Cesar Mejia Duenas
Answered
  • Miami, FL
  • Licensed in Florida

A: When a property is held as Joint Tenants with Rights of Survivorship (JTROS), or as Tenants By the Entirety (TBE), the property passes to the surviving tenant. Once the first of your parents passed away, the property passed by operation of law to the other surviving spouse. Thus, the probate process should be of the Estate of the Surviving Spouse only.

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