Property Ownership
In Florida, when a married couple holds property as joint tenants with right of survivorship (not tenancy by the entireties), and one spouse dies, the property:
AIs divided between the surviving spouse and the deceased's heirs
BPasses automatically to the surviving spouse outside of probate✓ Correct
CMust go through probate before the surviving spouse can take ownership
DReverts to a tenancy in common automatically
Explanation
Joint tenancy with right of survivorship means the deceased's interest automatically passes to the surviving joint tenant(s) by operation of law — outside of probate. The surviving joint tenant need only record a death certificate to clear title.
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