The Short Answer

Usually, a 99/1 ownership split does not change whether the property transfers automatically at death—what matters is how the title is held (for example, whether the deed/account expressly includes a right of survivorship). If the ownership is set up with a valid survivorship feature, the deceased owner’s interest typically transfers to the survivor outside of probate; if it is held as tenants in common (even 99/1), the deceased owner’s share generally becomes a probate asset.

What Florida Law Says

In Florida, co-ownership defaults to tenancy in common unless the instrument creating the ownership expressly provides for a right of survivorship (with a major exception for certain married-couple ownership forms). That means a deed that says “99% to A and 1% to B” does not automatically create survivorship—survivorship must be clearly stated (or the ownership must qualify as a form that includes survivorship by operation of law, such as certain spousal titling).

If the deed/account is tenants in common, the decedent’s fractional interest (whether 1% or 99%) generally must be addressed through the estate (often probate). If the deed/account is joint tenants with right of survivorship (or another survivorship form recognized under Florida law), the decedent’s interest generally passes to the surviving owner by operation of law, which is one of the common ways people avoid probate for that asset.

For more background, you may also want to read: Can Joint Tenancy With Right of Survivorship Help Me Avoid Probate in Florida? and Does Tenancy by the Entirety in Florida Avoid Probate?.

The Statute

The primary law governing this issue is Fla. Stat. § 689.15.

This statute establishes that survivorship for jointly held property generally does not apply unless the creating instrument expressly provides for the right of survivorship (with an exception for estates by the entirety, and with additional rules if a marriage is dissolved).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Exact title language: A 99/1 split can exist in either a survivorship structure or a tenancy-in-common structure, and the outcome turns on the deed/account wording—not the percentages.
• Asset type and titling rules: Real estate deeds, bank accounts, and investment accounts can follow different titling conventions, and a survivorship intent may fail if the paperwork is not drafted correctly.
• Spouse vs. non-spouse co-owners: Married-couple titling can trigger different survivorship consequences than non-spouse co-ownership, and mistakes here can unintentionally force probate or create inheritance disputes.

Trying to handle this alone can lead to a transfer being rejected, delays in accessing the property, or a probate filing that could have been avoided (or, in some cases, a missed issue that creates litigation).

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.