According to Florida law, joint tenancy with right of survivorship generally means when a joint tenant dies, the surviving tenant(s) inherit the entire property, and the deceased tenant’s interest does not pass through probate. This means the right of survivorship takes precedence over any claims by heirs or devisees of the deceased owner:
In Klajbor v. Klajbor, 406 Ill. 513, 94 N.E.2d 502, at p. 504, the court said:
‘It is elementary that where property is held in joint tenancy the joint tenant first dying has no interest which can be conveyed, the title of the coproprietor by survivorship taking precedence over the claim of a devisee or legatee, heir or administrator, as the case may be.’
Another succinct statement of this rule is found in Wilken v. Young, 144 Ind. 1, 41 N.E. 68, at p. 70:
‘* * * as this paramount right of the survivor, or survivors instantly prevails upon the death of the testator, there remains no estate of inheritance upon which the will can operate.’
See: In re Barret’s Estate, 137 So.2d 587
Quick Law Tips:
Severance of Joint Tenancy: Joint tenancy can be severed during the lifetime of the joint tenants, which would convert the ownership into a tenancy in common, thus subjecting the property to probate.
Pending Partition Lawsuits: If a partition lawsuit is pending at the time of a joint tenant’s death, the action does not survive the death, and the surviving tenant receives full title to the property, consistent with the right of survivorship. See Mercurio v. Headrick, 983 So.2d 773.
Related:
- What Happens To A Bank Account When Someone Dies With No Will In Florida?
- What Assets Are Exempt From Probate In Florida?
- What assets must go through probate in Florida?
- Is A Widow Responsible For Her Husband’s Debt In Florida?
- Formal Probate Administrations
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