What steps do I need to remove a deceased co-owner’s name from the deed? - Florida
The Short Answer
In Florida, whether you can remove a deceased co-owner’s name from a deed without probate depends on how the property was titled. If the deed included a valid right of survivorship (or the owners were married and held title as tenants by the entirety), the surviving owner typically becomes the sole owner by operation of law; if not, the deceased owner’s share usually must be transferred through a probate process (often summary administration).
What Florida Law Says
Florida does not automatically treat co-ownership as “survivorship” ownership. As a general rule, co-owners are treated as tenants in common unless the deed expressly provides survivorship rights. That distinction controls whether title can be updated based on survivorship or whether the deceased owner’s interest must pass through probate.
The Statute
The primary law governing this survivorship issue is Fla. Stat. § 689.15.
This statute establishes that survivorship for joint tenants generally does not apply in Florida unless the deed expressly provides for a right of survivorship (with an exception for estates by the entirety).
If probate is required to transfer the deceased owner’s interest, many families can qualify for a shorter probate track called summary administration when the statutory requirements are met. See Fla. Stat. § 735.201 (when summary administration may be used) and Fla. Stat. § 735.206 (effect of the order authorizing distribution).
Related reading: Do I Need to Re-Record or Update a Joint Survivorship Deed After a Co-Owner Dies in Florida? and How Can I Update a Property Deed After My Spouse Dies in Florida?.
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:
- Strict Deadlines: If probate is needed, creditor and timing issues can affect what can be safely transferred and when. Summary administration eligibility can also turn on timing (including whether the person has been deceased for more than 2 years). See Fla. Stat. § 735.201.
- Burden of Proof: The deed language controls. A small wording difference can mean “survivorship” (no probate for that interest) versus “tenants in common” (probate required). Title companies and clerks often require precise documentation before they will recognize a change in record ownership.
- Exceptions: Homestead, marriage-based ownership (tenancy by the entirety), and disputes among heirs/beneficiaries can change the analysis and the correct probate approach. Even when survivorship applies, there can be estate, creditor, or family-law complications that make a simple title update risky.
Trying to handle this alone can lead to a rejected recording, a clouded title that blocks a refinance or sale, or a probate filing that later gets challenged.
Get Connected with a Florida Attorney
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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.