Detailed Answer — How to re-record or update a joint survivorship deed after co-owners die (Florida)

Short answer: In Florida, title that was held as joint tenancy with right of survivorship or tenancy by the entirety generally passes automatically to the surviving owner(s) when a co-owner dies. To update public records you usually record the decedents’ death certificate(s) plus a short affidavit by the surviving owner confirming survivorship. If there is no surviving joint owner, or the deed or chain of title is unclear, you may need to open probate, use the disposition-without-administration procedures, file a corrective deed, or bring a quiet-title action.

Step-by-step: What to do next (practical steps)

Confirm how the property was titled.

Get a copy of the recorded deed from the county clerk/recorder where the property is located. Look for language such as “joint tenants with right of survivorship,” “with right of survivorship,” or “tenancy by the entireties.” That language controls how ownership passed at death.
Obtain certified death certificate(s).

Order certified copies of the death certificate(s) for the deceased co-owner(s) from the Florida Department of Health or the county vital records office. Recorders typically require certified death certificates when you record an affidavit to clear title.
If there is at least one surviving co-owner: prepare an affidavit of survivorship (affidavit of surviving joint tenant or affidavit of title).

This is a sworn statement by the surviving owner(s) that (a) identifies the recorded deed and legal description, (b) states the deceased co-owner(s) and date(s) of death, and (c) declares that the surviving owner now owns the property by right of survivorship. Attach certified death certificate(s). Have the affidavit notarized and then record it in the county where the deed is recorded.

Recording that affidavit updates the public chain of title so title companies, lenders, and future buyers can see who now owns the property.
If no joint owner survives or the title is disputed or unclear:

One of these may be required:
- Open probate for the deceased owner so the personal representative can transfer title per the will or by intestacy. See Florida probate chapters for procedures.
- Use Florida’s disposition-without-administration process if the value qualifies and the property is transferred outside formal administration. See Florida Statutes Chapter 735.
- File a quiet-title action to clear defects, fix ownership after multiple deaths, or resolve competing claims.
If the deed needs correction or you want to change the form of ownership.

If names are misspelled or the deed needs a minor correction, a corrective (scrivener’s) deed or a quitclaim deed executed and recorded by the current owner(s) will usually fix it. If you want to change ownership form (for example, to remove right of survivorship), the current owner(s) must sign and record a new deed transferring title.
Record the correct documents with the county recorder/clerk.

Record the affidavit, certified death certificate(s), corrective deed or new deed, and any probate or court orders in the county where the property is located. Florida law governs recording procedures and what instruments will be accepted for recording; consult the county clerk’s recording office for local requirements and fees.
Order a new title search or title insurance update.

After recording, consider ordering a title search or an endorsement from your title insurer showing the updated ownership. This helps prevent surprises if you sell, refinance, or otherwise encumber the property.

When probate or a court action may be necessary

Recordable survivorship transfers avoid probate when the survivorship language is clear and a surviving co-owner exists. Probate (formal administration) becomes necessary when:

There is no surviving joint owner and the decedent owned the property individually.
The deed’s survivorship language is ambiguous or missing.
There are competing claims, liens, or disputes among heirs or creditors.
Title needs to be reformed or quieted because of decades-old defects, fraud, or unclear chains of title.

Key Florida statutes and where to look

Useful chapters in Florida law (read for procedure and definitions):

Conveyances and deeds: Florida Statutes Chapter 689 — fs.leg.state.fl.us — Ch. 689
Recording instruments affecting real property: Chapter 695 — fs.leg.state.fl.us — Ch. 695
Intestate succession (when someone dies without a will): Chapter 732 — fs.leg.state.fl.us — Ch. 732
Probate administration: Chapter 733 — fs.leg.state.fl.us — Ch. 733
Disposition of personal property without administration: Chapter 735 — fs.leg.state.fl.us — Ch. 735

Common hypothetical examples (how the rules apply)

Two siblings hold property as joint tenants with right of survivorship. One sibling dies.

Result: The surviving sibling becomes sole owner by operation of law. To update county records, the surviving sibling records a sworn affidavit of survivorship plus the deceased sibling’s certified death certificate.
Three people (A, B, C) hold title as joint tenants; A and B die and C survives.

Result: C owns the property outright by survivorship. C should record an affidavit and the death certificates of A and B to clear the record and show C as current owner.
All joint tenants are deceased or the deed is ambiguous.

Result: The property may have to pass through probate or by the disposition-without-administration process depending on circumstances. A court order or personal representative may be required to convey title.

Documents you will likely need

Certified copies of death certificate(s)
Recorded deed showing the survivorship language
Affidavit of surviving joint tenant (notarized)
Corrective or new deed signed by current owner(s), if needed
Probate court orders or Letters of Administration/Letters Testamentary, if probate is opened
Title search or policy showing current liens and encumbrances

When to talk to an attorney

Speak with a Florida real estate or probate attorney if any of the following apply:

The deed is ambiguous or you can’t find clear survivorship language.
There are multiple deaths, conflicting heirs, or disputes.
The property is homestead or there are creditor/medicaid concerns.
You need to reform a deed, quiet title, or handle complex tax/mortgage issues.
You plan to sell, refinance, or otherwise encumber the property and the title needs to be updated cleanly.

Helpful Hints

Start with the recorded deed. The exact words in the deed determine whether survivorship applies.
Order certified death certificates early—recorders and lenders often require them.
Most Florida counties accept and record an affidavit of survivorship plus death certificate(s) to update title records.
If you’re unsure which county office records the deed, check the county clerk of court/recorder website for real property records.
Keep clear copies of everything you record and get a stamped copy back from the recorder to prove the public record was updated.
If a mortgage or tax lien exists, contact the lender or tax authority—survivorship transfers do not erase valid liens.
Consider ordering a current title search after recording to confirm the public record exactly reflects the updated ownership.

Disclaimer: This information is educational only and not legal advice. It summarizes general Florida law and common practice. Every situation is different. For legal advice tailored to your facts, consult a licensed Florida attorney.