Legal Question in Wills and Trusts in Florida
Meaning of survivorship deed
If there are 2 persons listed on a survivorship deed and one passes away, does the deed and owner automatically go to the other listed that is still alive or does it go into probate if no will as part of the decenents assets?
Asked on 8/01/01, 2:02 pm
2 Answers from Attorneys
Joel Cohen
Joel M. Cohen,P.A.
Re: Meaning of survivorship deed
The survivor takes the entire parcel of property
Be certain that deed has been recorded. Probate is unnecessary.
Answered on 8/01/01, 6:52 pm
Melody Stickel-Martinez
Melody Stickel-Martinez, Esq.
Re: Meaning of survivorship deed
If there are two people named on a deed and the title states "with right of survivorship", then title passes to the surviving owner automatically by operation of law and that property does not have to pass through probate. You still would want to change the title on the deed and remove the decedent's name.
Answered on 8/01/01, 2:45 pm
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