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Right of Survivorship Deed

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FLORIDA WARRANTY DEED

Prepared by and please return to:

Name

Address

Rec. $

Doc.St. $

Property Appraiser's Parcel ID No.

WARRANTY DEED

THIS INDENTURE, made this day of

, between:

Grantor:

whose street address is

County of State of of the

and

whose street address is

County of State of of the

Individuals.

AND

Grantees:

whose street address is

County of State of of the

and

whose street address is

County of State of of the

Individuals.

WITNESSETH, that Grantors, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantors in hand paid by Grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to Grantees, as joint tenants with the right of survivorship and not as tenants in common, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in County, Florida, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

SUBJECT TO:

1. Ad valorem real property taxes for and subsequent years.

2.

3.

and Grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.

IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in the presence of:

Witness Signature (as to First Grantor)

Printed Name

Signature of First Grantor

Printed Name

Witness Signature (as to First Grantor)

Printed Name

Post Office Address

City, State and Zip

Witness Signature (as to Second Grantor)

Printed Name

Signature of Second Grantor

Printed Name

Witness Signature (as to Second Grantor)

Printed Name

Post Office Address

City, State and Zip

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of

by

Notary Public

(Print, type, or stamp commissioned name of Notary Public)

My commission expires:

Personally Known

OR Produced Identification

Type of Identification Produced:

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of

by

Notary Public

(Print, type, or stamp commissioned name of Notary Public)

My commission expires:

Personally Known

OR Produced Identification

Type of Identification Produced:

EXHIBIT A

Grantor:

Grantee:

Parcel Identification Number:

Legal Description:

Enter text✕
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What a Right of Survivorship Deed Is and why it matters

A Right of Survivorship Deed is a real estate conveyance that names two or more owners and specifies that, upon the death of one owner, title automatically vests in the surviving owner(s) without probate. This instrument typically modifies how ownership passes compared with tenancy-in-common, and it is used to simplify transfer, reduce cost and delay associated with probate, and preserve continuity of title for the surviving co-owner or co-owners. Because deeds are recorded in county land records, proper execution, notarization, and accurate legal description are essential for enforceability and clear title.

Key advantages of using a Right of Survivorship Deed

A Right of Survivorship Deed provides automatic title transfer on death, avoids probate for the affected interest, clarifies survivorship intent, and can reduce administrative delays and probate costs. It can also be combined with other estate planning documents to reflect the parties’ overall plan for property succession.

Key advantages of using a Right of Survivorship Deed

Who typically completes a Right of Survivorship Deed

Common users include co-owners who want survivorship rights, estate planners simplifying transfer, and attorneys preparing conveyances for clients who prefer nonprobate succession.

  • Married couples adding survivorship to primary residence or investment property to avoid probate.
  • Siblings or partners holding a vacation property who want automatic transfer to survivors.
  • Estate planning attorneys preparing property transfers to align with a client’s succession plan.

Step-by-step: filling the Right of Survivorship Deed

Follow these steps in order to complete a legally effective deed and prepare it for recording.

  • 01
    Gather title info: Obtain current deed and full legal description.
  • 02
    Enter parties: List grantor(s) and grantee(s) with exact legal names.
  • 03
    Add survivorship clause: Include clear language granting right of survivorship.
  • 04
    Notarize and record: Sign before a notary or use RON where allowed, then record.

Configuring an online workflow for this deed

Set up the document for eSignature and recording with clear signer order and authentication steps.

Field Configuration
Signer Order Grantor signs first, then co-owners as necessary
Authentication Email + SMS code or RON-level identity proofing
Notary Field Include notary acknowledgment block where required
Attachment Add title report or prior deed as supporting file

Technical needs for electronic completion and submission

Use a platform that supports secure signing, audit trails, and notarization workflows in states that permit RON.

  • eSignature: Audit trail and timestamp
  • RON Support: Identity proofing and video record
  • File Format: PDF/A or PDF

Where to send the deed after completion

After signatures and notarization, route the deed to the county recorder, title company, or closing agent depending on local practice.

  • County Recorder: Record the original deed with county land records office
  • Title Company: Send to title for chain-of-title confirmation
  • Closing Agent: Deliver signed original for escrow or closing file
  • Cloud Storage: Retain encrypted copy for parties and counsel

Timing, recording, and tax considerations to note

Timing varies by county; prioritize prompt notarization and recording to preserve priority and reduce title issues.

Record Promptly:

Record as soon as practical to protect priority and avoid intervening claims

Tax Reporting:

Survivorship transfer may affect basis; consult tax advisor for reporting

RON Recording:

If RON used, confirm county accepts electronic recording

Notary Timing:

Sign only in presence of notary or RON session

Escrow Hold:

Title companies may delay issuance until recording posts

Key milestones from execution to recorded title

Sequence the work so recordings and title updates complete without unexpected gaps or delays.

01

Prepare Deed

Draft and verify legal description and parties

02

Execute & Notarize

Sign in notary presence or perform RON session

03

Submit to Recorder

File original with county recorder or approved e-recording vendor

04

Confirm Recording

Obtain recorded copy and update title records

Common preparation and filing pitfalls to avoid

  • Using an incomplete legal description or street address only, which can cause the recorder to reject the deed and delay title transfer.
  • Mismatched names between the deed and government ID that trigger title company inquiries or require corrective affidavits.
  • Skipping notarization rules or using an unsupported RON provider for the county, producing an unrecordable document.
  • Failing to check outstanding liens or judgments, which can complicate post-death ownership and title insurance.

Consequences of errors or incorrect deeds

Recording Rejection: Delay or rejection
Title Defect: Clouded title
Tax Exposure: Unintended tax consequences
Probate Risk: Transfer may still require probate
Lien Issues: Existing liens survive transfer
Fraud Vulnerability: Insufficient ID verification

Essential information and fields required on the deed

Grantor: Name of current owner(s)
Grantee: Name(s) receiving survivorship interest
Legal Description: Full metes and bounds or lot map
Consideration: Stated consideration amount or clause
Notary Block: State-specific acknowledgement wording
Recording Info: Space for recorder stamp and book/page

Six elements found in a professional Right of Survivorship Deed

A complete deed includes clearly labeled parties, precise survivorship language, accurate property description, recited consideration, notary acknowledgement, and recording instructions for the county clerk.

Parties

Full legal names of grantor(s) and grantee(s) as they appear on title and ID.

Survivorship Clause

Explicit wording stating title vests in surviving owner(s) on death without probate.

Legal Description

Complete metes-and-bounds or lot-block-reference from existing deed or plat.

Consideration Statement

Precise monetary or nominal consideration phrasing for recording and tax clarity.

Notary Acknowledgement

State-required acknowledgement block with notary signature and seal or RON record.

Recording Block

Space for recorder stamp, document number, and instrument book/page or electronic index.

Supporting documents to include with the deed

Assemble companion documents to speed title review, recording, and post-recording tasks.

Prior Deed

A recorded copy of the prior deed for chain-of-title verification and to confirm the legal description.

Title Report

Preliminary title report showing encumbrances, liens, and legal exceptions for insurer review.

ID Documentation

Government-issued ID for each signing party to support notarization and identity proofing.

Affidavits

Any required affidavits (e.g., marital status, survivorship intent) that local practice or title insurer requests.

Practical tips to ensure a valid, recordable deed

Follow these practices to minimize errors, reduce rejections, and protect title interests.

Verify legal description
Copy the legal description verbatim from the existing recorded deed or title report; do not paraphrase. An incorrect description risks recorder rejection and title gaps.
Confirm identity and capacity
Ensure signers present valid government ID and have legal capacity; obtain proof for entities (e.g., resolution for corporate grantor). Errors here can produce voidable conveyances.
Coordinate with lender and title insurer
If property is encumbered, notify the mortgage holder and confirm with the title insurer whether additional endorsements or payoff actions are required before recording.
Record promptly and keep originals
File the original signed and notarized deed with the county recorder as soon as possible, then retain certified copies and digital records in secure storage.

Real-world scenarios where a survivorship deed is used

These examples illustrate typical fact patterns and expected outcomes when using a Right of Survivorship Deed.

Married Couple Transfer

A spouse adds the other as joint tenant with right of survivorship to a primary residence to avoid probate

  • The deed includes explicit survivorship language and is notarized
  • After recording, the surviving spouse receives title automatically at death, simplifying transfer and avoiding a probate administration for that interest.

Siblings Vacation Home

Three siblings hold a vacation property and choose survivorship to keep ownership within surviving siblings

  • Deed lists all siblings as joint tenants with right of survivorship
  • The recorded deed provides a straightforward title path for surviving siblings and reduces the time and cost of settling the decedent’s estate.

How a Right of Survivorship Deed compares with Tenancy in Common

Compare survivorship deeds to tenancy-in-common to determine which form matches the owners’ intended transfer outcomes.

Criteria Right of Survivorship Deed Tenancy in Common
Survivorship automatic transfer no survivorship
Ownership Share typically equal or specified shares can be unequal
Transfer on Death no probate for that interest interest passes by will/probate
Typical Use estate avoidance flexible ownership and bequests

Comparison of eSignature vendor pricing and capabilities

Common capability and cost criteria for eSignature services relevant to completing and notarizing a Right of Survivorship Deed; signNow appears first as required.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Right of Survivorship Deeds

Answers to common questions about validity, recording, notarization, revocation, and electronic signing for survivorship deeds.


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