The Short Answer

In Florida, intestate succession only controls the deceased owner’s share of a house if that share becomes part of the probate estate. If the house was titled with a valid right of survivorship (for example, tenancy by the entirety between spouses or joint tenancy with right of survivorship), the surviving co-owner typically takes the property automatically, and intestate succession usually does not divide that house share.

What Florida Law Says

Florida distinguishes between (1) property that passes by operation of law because of how it is titled (survivorship ownership) and (2) property that passes through the decedent’s intestate estate (probate property when there is no will). If the deed does not clearly create survivorship rights, Florida generally treats co-owners as tenants in common, meaning the deceased co-owner’s fractional interest can pass to heirs under intestacy.

The Statute

The primary law governing whether joint ownership includes survivorship is Fla. Stat. § 689.15.

This statute establishes that survivorship in joint tenancies generally does not apply unless the deed/instrument expressly provides for the right of survivorship (with a key exception for tenancy by the entirety for married couples).

If the deceased co-owner’s interest is part of the intestate estate, Florida’s intestacy rules then determine who inherits that interest. The surviving spouse’s share is governed by Fla. Stat. § 732.102, and the remaining heirs’ shares are governed by Fla. Stat. § 732.103.

For a deeper explanation of how survivorship titling can override intestate division, see: Do joint accounts and jointly owned property automatically transfer at death in Florida? and Does tenancy by the entirety avoid probate in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a real deed and real family situation is rarely simple. Legal outcomes often depend on:

• Title language and deed history: Whether the deed expressly created survivorship rights (or whether the owners were married, which can change the analysis) can determine whether the house bypasses intestacy entirely under Fla. Stat. § 689.15.
• Who counts as an heir: If the deceased owner’s share goes through intestacy, the spouse/children structure matters a lot (for example, “blended family” situations can change the spouse’s share under Fla. Stat. § 732.102).
• Probate vs. non-probate transfers: Even when there is no will, some assets pass outside probate, while others require a court process to transfer clear title—mistakes can create title defects that block a sale or refinance.

Trying to “guess” whether survivorship applies (or who inherits what) can lead to disputes, delays, and expensive litigation—especially when a co-owner is still living in the home or when other heirs want to force a sale.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to review the deed, confirm whether survivorship applies, and explain what portion (if any) is subject to intestate succession.

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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.