Joint Tenants with Right of Survivorship – Estate Planning

In Florida, joint tenants with right of survivorship (“JTWROS”) refers to a legal form of property co-ownership where two or more individuals hold equal ownership rights in a property. Upon the death of one joint tenant, their share of the property automatically transfers to the surviving joint tenants, bypassing the probate process. This form of ownership is characterized by the four unities of possession, interest, time, and title, ensuring each tenant has an equal stake in the property.

Summary

1. Unity Requirements: For a joint tenancy with right of survivorship to be valid in Florida, the four unities of possession, interest, time, and title must be present. This means all joint tenants must acquire the property simultaneously, share equal ownership, have equal rights to possess the entire property, and receive their interest through the same deed.
2. Avoidance of Probate: One of the main advantages of joint tenants with right of survivorship in Florida is the avoidance of probate upon the death of a joint tenant. The deceased tenant’s share automatically transfers to the surviving joint tenants, which can expedite the process of settling the deceased’s estate.
3. Termination and Severance: Joint tenants with right of survivorship can be terminated or severed by any joint tenant, resulting in a conversion to tenancy in common. This allows individual tenants to dispose of their share in the property independently, without the consent of the other tenants.

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Understanding the Four Unities

The foundation of joint tenants with right of survivorship in Florida lies in the four unities – possession, interest, time, and title. Each tenant must have an equal right to occupy the entire property (unity of possession), hold an equal share in the property (unity of interest), acquire their interest at the same time (unity of time), and receive their interest through the same deed or title instrument (unity of title). These unities ensure that the property is held in a truly joint manner, with no individual having a larger share or more rights than the others.

Automatic Transfer of Ownership

A significant aspect of joint tenants with right of survivorship is the automatic transfer of ownership upon a tenant’s death. This ‘right of survivorship’ means that the deceased tenant’s interest in the property immediately and automatically passes to the surviving joint tenants. This process differs significantly from other forms of property ownership, where the deceased’s interest would typically pass according to their will or state intestacy laws, often involving the probate process.

Avoidance of Probate

Avoiding probate is a major benefit of joint tenants with right of survivorship in Florida. Probate can be a lengthy and costly legal process required to settle a deceased person’s estate. However, with joint tenants with right of survivorship, the property does not become part of the deceased’s estate and thus bypasses probate, allowing for a quicker and more straightforward transfer of the property to the surviving owners.

Severance of Joint Tenancy

Any joint tenant can sever the joint tenancy at any time, converting the JTWROS into a tenancy in common. This change allows each tenant to own a distinct, divisible share of the property, which they can sell or transfer independently. Severance can be achieved through various means, such as selling or transferring the interest to another party or filing a legal document, such as a deed, that indicates the joint tenant’s intention to sever the joint tenancy.

Frequently Asked Questions

About the Author

I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.

I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.