The Short Answer

In Florida, most bank accounts titled in two names are presumed to pass to the surviving account holder at death—especially when the co-owners are spouses. In practice, proving survivorship usually means producing the bank’s account agreement/signature card and documentation showing the account was titled jointly at the time of death.

What Florida Law Says

Florida law creates a strong presumption that a deposit account in the names of two or more persons was intended to pass to the survivor when one owner dies, unless the account paperwork expressly says otherwise. For married couples, Florida law generally treats a joint account as a tenancy by the entirety unless there is a written specification to the contrary—often making the survivorship argument even stronger in a spouse’s case.

The Statute

The primary law governing this issue is Fla. Stat. § 655.79.

This statute establishes that, unless the account contract/signature card expressly provides otherwise, a deposit account in two or more names is presumed to vest in the surviving owner(s) at death, and that a deposit/account in the name of husband and wife is considered a tenancy by the entirety unless otherwise specified in writing.

If you are the personal representative and also the surviving spouse, this distinction matters during the inventory phase: survivorship (and tenancy-by-the-entirety) accounts are typically not probate assets, even though they may still need to be identified and documented to avoid disputes.

Related reading: Do joint bank accounts automatically transfer at death in Florida? and What must be listed in a Florida probate inventory?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when you are gathering bank authorizations, title history, and other records during probate administration. Legal outcomes often depend on:

• Strict Deadlines: Probate administration has court-driven timelines (including inventory and creditor-related deadlines). If survivorship is disputed, delays can affect distributions and increase costs.
• Burden of Proof: Banks and other parties often require the exact account-opening documentation (contract/agreement/signature card) to confirm survivorship language and ownership form at the time of death.
• Exceptions: Under Fla. Stat. § 655.79, the presumption can be challenged (for example, with allegations of fraud, undue influence, or clear and convincing proof of contrary intent). These disputes can pull non-probate assets into litigation and create personal representative liability if handled incorrectly.

Because you’re also dealing with other asset categories (vehicles, possible inherited interests from another estate, and personal property that may have been gifted before death), it’s easy for a survivorship issue to spill into broader inventory and title disputes. A Florida probate attorney can help you document survivorship properly, classify assets correctly, and reduce the risk of objections or later claims.

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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.