For many international buyers, purchasing a Florida property is both a lifestyle decision and a long-term investment, often intended to benefit children, spouses, or future generations.

What many owners don’t realize, however, is that how a property is titled can have serious legal, financial, and emotional consequences for their family in the event of death.

After more than 20 years working with international buyers and sellers in Florida’s vacation and short-term rental market, we regularly see properties that are not titled in a way that reflects the owner’s true intentions, leaving families exposed to unnecessary probate, delays, and significant legal costs.

This article explains why correct titling matters, the risks of getting it wrong, and what options Florida property owners should be aware of.

Why Title Structure Is So Critical in Florida

In Florida, real estate does not automatically pass to heirs in the way many international owners expect.

Even if you have:

• A valid will in your home country

• A carefully prepared international estate plan

…a Florida property will still be subject to Florida probate unless it is titled in a way that avoids it.

Probate is a court-supervised legal process that:

• Can take 6–18 months (or longer)

• Is public record

• Can cost 3%–7% (or more) of the property’s value in legal fees, court costs, and administration expenses

• Often creates delays, stress, and complications for surviving family members, especially those living overseas

For international families, this can be particularly burdensome.

A Common (and Costly) Misconception

One of the most common misunderstandings we hear is:

“We have a will in our home country, everything is covered.”

Unfortunately, a foreign will does not bypass Florida probate.

While an international will may help establish intent, Florida courts still require a local probate process to legally transfer ownership of Florida real estate, unless the property is titled correctly in advance.

This is where proactive planning makes an enormous difference.

Common Ways Florida Properties Are Titled and What They Mean

Below is a high level overview of common forms of property ownership in Florida. This is not legal advice, but educational guidance to help owners understand the landscape.

1. Sole Ownership (Individual Name Only)

Example:
John Smith

Implications:

• Property must go through probate upon death

• Probate applies even if heirs are clearly named in a will

• Particularly problematic for international families

Risk level: ❌ High

2. Tenants in Common

Example:
John Smith (50%) and Jane Smith (50%)

Implications:

• Each owner’s share passes according to their will

• Each share must go through probate

• Does NOT provide automatic survivorship

Often misunderstood:
Many owners mistakenly believe this avoids probate, it does not.

Risk level: ❌ High

3. Joint Tenancy with Right of Survivorship 

Example:
John Smith and Jane Smith, as joint tenants with right of survivorship

Implications:

• Upon death, ownership automatically passes to the surviving owner

• Avoids probate for the first death

• Must be correctly worded in the deed

Important:
This does not address what happens after the second owner passes.

Risk level: ⚠️ Medium (useful but limited)

4. Tenancy by the Entireties (Married Couples Only)

Available only to legally married couples

Implications:

• Automatic survivorship

• Strong creditor protection

• Avoids probate upon the first spouse’s death

Often ideal for:
Married couples owning Florida property jointly

Risk level: ✅ Low (when appropriate)

5. Ownership Through a Trust

Example:
The Smith Family Trust

Implications:

• Property passes according to trust terms

• Avoids probate entirely

• Allows clear instructions for children, beneficiaries, and succession

• Often ideal for international owners and estate planning

Requires:

• Properly drafted trust

• Correct deed transfer into the trust

Risk level: ✅ Very Low (when done correctly)

6. Ownership Through an LLC or Corporate Structure

Common for investment properties and STR owners

Implications:

• Property owned by the entity, not the individual

• Estate planning occurs at the ownership interest level

• Can simplify succession but requires proper structuring

Important:
This option must be coordinated carefully with tax and legal advisors.

Risk level: ⚠️ Varies (depends on setup)

Changing Title: It’s Possible and Often Advisable

The good news is that title structure can often be corrected or improved during ownership.

Changing how a property is titled typically involves:

• Legal review of current ownership

• Advice from a Florida real estate attorney or estate planning professional

• Preparation of a new deed

• Proper recording with the county

This process is usually far less expensive and far less stressful than probate after death.

The key is doing it before it becomes urgent.

Why International Owners Should Be Especially Proactive

International families face additional complexities:

• Distance and time zone challenges

• Language barriers

• Court appearances or notarization requirements

• Slower probate timelines when heirs reside abroad

Ensuring property is titled correctly is one of the most effective ways to:

• Protect children and spouses

• Preserve equity

• Reduce legal costs

• Avoid unnecessary court involvement

How Vacay & Co Real Estate Supports Owners Beyond the Sale

At Vacay & Co Real Estate, we see our role as more than transactional.

For over 20 years, we’ve worked closely with:

• Florida real estate attorneys

• Title companies

• Estate planning professionals

• International advisors

While we do not provide legal advice, we:

• Help identify potential ownership risks

• Flag common title issues

• Signpost owners to the right qualified professionals

• Coordinate smoothly when changes are being made

This is part of our commitment to supporting clients throughout ownership, not just when buying or selling.

A Final Thought for Property Owners

If you own a Florida property and have not reviewed how it is titled, especially if your heirs live outside the U.S, this is a conversation worth having sooner rather than later.

Correct titling is not about fear.
It’s about clarity, protection, and peace of mind.

Need Guidance or a Referral?

If you would like to:

• Review how your Florida property is currently titled

• Understand whether your ownership structure aligns with your family goals

• Be introduced to trusted legal or title professionals

We’re always happy to help point you in the right direction.

📩 Contact Vacay & Co Real Estate HERE

Michelle Baydemir
Broker/Owner | Vacay & Co Real Estate
📧 Email: [email protected]
📞 Phone: 321-333-1338
🌐 Website: www.vacayreflorida.com

20+ years serving vacation homeowners across Central Florida