Types of Estates in Florida

In real estate, the word estate does not refer only to property left behind after a person dies.

An estate describes the type, duration, and extent of a person's legal interest in real property. It answers questions such as:

• Who has the right to possess the property?
• How long does that right last?
• Can the interest be sold or inherited?
• Does another person receive the property later?
• Is the interest based on ownership or a lease?
• Does the interest end after a specific event?

Understanding estates is important for the Florida real estate exam because estate classifications affect ownership, possession, transfer rights, inheritance, financing, and property value.

The two primary categories of estates are:

• Freehold estates
• Leasehold estates

A freehold estate involves an ownership interest for an uncertain duration. A leasehold estate gives a tenant the right to possess property for a limited period without transferring full ownership.

This guide explains the major types of estates tested on the Florida real estate exam and how they apply in common property scenarios.

What Is an Estate in Real Property?

An estate in real property is the degree, quantity, nature, and duration of a person's interest in land.

The word "estate" helps describe how much ownership or possession a person has.

For example:

• A homeowner may hold a fee simple estate.
• A surviving spouse may hold a life estate.
• A tenant may hold an estate for years.
• A renter without a fixed termination date may hold a periodic tenancy.
• A person who remains after a lease expires may become a tenant at sufferance.

Not every estate provides the same rights.

Some estates can continue forever. Others last only for the life of a named person. Leasehold estates may last for a week, a month, a year, or another agreed period.

Freehold Estates vs. Leasehold Estates

The most important first distinction is between freehold and leasehold estates.

Freehold Estate

A freehold estate is an ownership interest of an uncertain duration.

The estate may continue indefinitely or may end when a specified person dies or a particular condition occurs.

Common freehold estates include:

• Fee simple absolute
• Fee simple defeasible
• Life estate
• Legal life estate

Leasehold Estate

A leasehold estate is a possessory interest created by a lease or rental arrangement.

The tenant receives the right to possess and use the property, but the landlord retains ownership.

Common leasehold estates include:

• Estate for years
• Estate from period to period
• Estate at will
• Estate at sufferance

A simple exam distinction is:

• Freehold means ownership.
• Leasehold means possession without full ownership.

Fee Simple Estate

A fee simple estate is the broadest form of private real property ownership.

A fee simple owner generally has the right to:

• Possess the property
• Use the property
• Lease the property
• Sell the property
• Mortgage the property
• Give the property away
• Leave the property to heirs

These rights remain subject to governmental powers, private restrictions, liens, easements, and other lawful encumbrances.

The term fee simple does not mean that ownership is free from mortgages, taxes, zoning, or deed restrictions. It means the owner holds the largest estate that private ownership law generally recognizes.

Fee Simple Absolute

A fee simple absolute estate is the most complete form of private ownership.

It has a potentially unlimited duration and is generally transferable during the owner's lifetime or at death.

The estate does not automatically end when a condition occurs.

For example:

"Grantor conveys Blackacre to Maria and her heirs."

This language typically indicates that Maria receives a fee simple estate.

Modern deeds do not always need to include the phrase "and her heirs" to create fee simple ownership. Florida law provides rules governing how conveyances of real property are executed and interpreted. A freehold interest generally must be conveyed by a written instrument signed in the presence of two subscribing witnesses.

Characteristics of Fee Simple Absolute

A fee simple absolute estate is generally:

• Freely transferable
• Inheritable
• Capable of being mortgaged
• Potentially perpetual
• Subject to government and private restrictions

For exam purposes, when a question asks for the greatest possible ownership interest, the answer is usually fee simple absolute.

Fee Simple Defeasible

A fee simple defeasible estate is ownership that may end when a condition occurs or is violated.

The owner has many of the same rights as a fee simple absolute owner, but the estate is subject to a limitation.

For example:

"To the city, so long as the property is used as a public park."

The city receives ownership, but that ownership may end if the property is no longer used as a park.

The major types of defeasible fees commonly studied are:

• Fee simple determinable
• Fee simple subject to a condition subsequent

Fee Simple Determinable

A fee simple determinable estate automatically ends when a stated condition is violated.

Words commonly associated with this estate include:

• So long as
• While
• During
• Until

Example:

"To the school district so long as the property is used for educational purposes."

If the school district stops using the property for educational purposes, the estate may automatically terminate.

The future interest retained by the grantor is called a possibility of reverter.

Exam Memory Tip

A fee simple determinable ends automatically.

Think:

Determinable = automatically determined by the condition.

Fee Simple Subject to a Condition Subsequent

A fee simple subject to a condition subsequent gives the grantor the right to reclaim the property if a condition is violated.

The estate does not necessarily end automatically.

Words commonly associated with this estate include:

• Provided that
• On condition that
• But if

Example:

"To the county, provided that alcoholic beverages are never sold on the property."

If alcohol is sold, the former owner or the owner's successor may have the right to take legal action to recover the property.

The grantor retains a right of reentry, also called a power of termination.

Determinable vs. Condition Subsequent

The main distinction is:

• Fee simple determinable: termination is automatic.
• Condition subsequent: the grantor must exercise the right to reclaim.

Life Estate

A life estate is a freehold estate measured by the life of a person.

The person who holds the life estate is called the life tenant.

The life tenant has the right to possess and use the property during the measuring life.

When that life ends, the property passes to:

• A remainderman, or
• The original grantor through reversion

A life estate may be created by:

• Deed
• Will
• Trust
• Operation of law

Life Estate Measured by the Life Tenant

A conventional life estate is commonly measured by the life of the life tenant.

Example:

"Owner conveys the property to Elena for life, then to David."

Elena receives the life estate.

David receives the remainder interest.

When Elena dies, David becomes entitled to possession.

The life estate is not inherited by Elena's heirs because her interest ends at her death.

Life Estate Pur Autre Vie

A life estate pur autre vie is measured by the life of a person other than the life tenant.

The phrase means "for the life of another."

Example:

"Owner conveys the property to Alex for the life of Jordan."

Alex is the life tenant.

Jordan is the measuring life.

Alex's interest continues until Jordan dies.

If Alex dies before Jordan, Alex's interest may pass to Alex's heirs or another successor for the remainder of Jordan's life, depending on the instrument and applicable law.

Exam Memory Tip

• Ordinary life estate: measured by the tenant's life.
• Pur autre vie: measured by another person's life.

Rights of a Life Tenant

A life tenant generally has the right to:

• Possess the property
• Use the property
• Receive rental income
• Lease the life estate
• Transfer the life estate
• Mortgage the life estate

However, the life tenant cannot transfer more than the life tenant owns.

If a life tenant sells the interest, the buyer receives an estate that still ends when the measuring life ends.

A life tenant cannot normally convey permanent fee simple ownership without participation from the holder of the future interest.

Responsibilities of a Life Tenant

A life tenant is generally responsible for protecting the property and avoiding conduct that harms the future owner.

Responsibilities may include:

• Ordinary maintenance
• Property taxes
• Interest on existing debt
• Reasonable repairs
• Preventing waste

The exact responsibilities may depend on the document creating the estate, the property, and applicable law.

Waste

Waste is conduct that damages the property or reduces the value of the future interest.

A life tenant should not intentionally destroy buildings, remove valuable resources without authority, or allow the property to deteriorate through unreasonable neglect.

The three traditional categories are:

• Voluntary waste
• Permissive waste
• Ameliorative waste

Voluntary Waste

Voluntary waste involves deliberate destructive conduct.

Examples include:

• Demolishing a valuable structure
• Removing timber improperly
• Extracting minerals without authority

Permissive Waste

Permissive waste results from neglect.

Examples include:

• Failing to repair a leaking roof
• Allowing taxes to become delinquent
• Failing to prevent serious deterioration

Ameliorative Waste

Ameliorative waste involves a major alteration that may increase value but changes the property's character.

This category is less likely to appear in a basic exam question, but students should understand that a life tenant's rights are not unlimited.

Remainder Interest

A remainder is a future interest held by a third person who will receive possession after the life estate ends.

Example:

"To Carlos for life, then to Renee."

• Carlos is the life tenant.
• Renee is the remainderman.
• Renee's interest is the remainder.

The remainderman has a present ownership interest in the future estate, even though the remainderman does not yet have the right to possess the property.

Vested Remainder

A vested remainder belongs to an identified person and is not subject to an unmet condition other than the ending of the prior estate.

Example:

"To Anthony for life, then to Brianna."

Brianna is known, and no additional condition must be satisfied.

Her remainder is vested.

Contingent Remainder

A contingent remainder depends on an uncertain event or belongs to a person who has not yet been identified.

Example:

"To Anthony for life, then to Anthony's first child to become a physician."

If no child has yet satisfied the condition, the remainder is contingent.

The interest becomes possessory only if the stated condition is met.

Reversion

A reversion is the future interest retained by the grantor when the grantor creates a smaller estate and does not name another person to receive the property afterward.

Example:

"Owner conveys the property to Marcus for life."

Marcus receives a life estate.

Because no remainderman is named, the property returns to the owner or the owner's heirs after Marcus dies.

That future interest is a reversion.

Remainder vs. Reversion

• Remainder passes to a third party.
• Reversion returns to the grantor or grantor's heirs.

Conventional Life Estate

A conventional life estate is intentionally created by a private legal instrument.

It may be created through:

• A deed
• A will
• A trust
• Another valid written instrument

Examples include:

• A parent retaining a life estate while giving the remainder to children
• A will granting a surviving partner the right to occupy a home for life
• A trust allowing a beneficiary to use property until death

Enhanced Life Estate Deed

Florida property owners sometimes use an enhanced life estate deed, often called a Lady Bird deed.

This arrangement generally allows the owner to retain broad control during life while naming beneficiaries who may receive the property at death.

Depending on the language used, the owner may retain the power to:

• Sell
• Mortgage
• Lease
• Change beneficiaries
• Revoke the future transfer

This differs from an ordinary life estate, under which the life tenant may need the remainderman's participation to transfer complete fee simple title.

Enhanced life estate deeds are estate-planning instruments and should be prepared or reviewed by a qualified Florida attorney. Florida Bar materials identify life estate and enhanced life estate deeds as possible alternatives for owners seeking to retain lifetime control while arranging a later transfer.

For licensing-exam purposes, focus primarily on the ordinary life estate unless your course specifically covers enhanced life estate deeds.

Legal Life Estates

A legal life estate is created by law rather than solely by agreement between private parties.

Historically, legal life estates included:

• Dower
• Curtesy
• Homestead rights

Traditional dower and curtesy concepts have been abolished or substantially replaced in many jurisdictions, including Florida's modern property and probate system.

Florida homestead remains highly important.

Florida Homestead

Florida homestead law may affect:

• Creditor protection
• Property taxation
• Devise at death
• Rights of a surviving spouse
• Rights of minor children
• Conveyance and mortgage requirements

Homestead is not simply one single rule. Florida uses the term in several related legal contexts.

For real estate students, the most important point is that homestead rights can limit an owner's ability to transfer, mortgage, or devise a primary residence.

Homestead and a Surviving Spouse

When Florida homestead property passes at death and the owner is survived by a spouse and descendants, Florida law may give the surviving spouse a life estate, with the descendants receiving the remainder, subject to statutory elections and exceptions.

Florida's probate statute also permits a qualifying surviving spouse to elect an undivided one-half interest as a tenant in common instead of the life estate, provided the statutory requirements are satisfied. Property held as tenants by the entireties or as joint tenants with right of survivorship is excluded from that particular statutory descent provision.

Because Florida homestead law is complex, real estate licensees should not provide estate-planning or probate advice. Clients should be referred to a qualified Florida attorney.

Homestead Conveyance by a Married Owner

Florida homestead rights can affect deeds and mortgages.

A married owner may face spousal-signature requirements even when only one spouse is listed in the property's title.

Florida law specifically addresses execution of deeds and mortgages involving homestead realty owned by married persons and property owned as an estate by the entirety.

An exam question may describe a married owner attempting to convey a homestead without the spouse. The legally safest response is to recognize that spousal rights may affect the validity of the conveyance and that legal review is appropriate.

Leasehold Estates

A leasehold estate gives a tenant the right to possess real property without receiving complete ownership.

The landlord holds the reversionary ownership interest and expects possession to return when the tenancy ends.

The four major leasehold estates are:

• Estate for years
• Estate from period to period
• Estate at will
• Estate at sufferance

Estate for Years

An estate for years is a leasehold interest with a definite beginning date and definite ending date.

Despite the name, it does not have to last for an entire year.

It may last:

• One week
• Three months
• One year
• Five years
• Another fixed period

Example:

A lease begins on January 1 and ends on December 31.

This is an estate for years.

Characteristics of an Estate for Years

An estate for years:

• Has a fixed beginning and ending
• Terminates automatically
• Usually requires no termination notice
• May cover any definite period

The phrase "for years" refers to certainty of duration, not necessarily length.

Estate From Period to Period

An estate from period to period, also called a periodic tenancy, automatically renews for successive periods until properly terminated.

Common forms include:

• Week-to-week
• Month-to-month
• Quarter-to-quarter
• Year-to-year

Example:

A tenant rents an apartment month-to-month and continues paying monthly rent.

The tenancy renews each month until either party provides the required notice.

Florida's statutes provide rules for periodic residential tenancies and for unwritten tenancies based on the periods at which rent is payable. An unwritten lease may be treated as a tenancy at will with a weekly, monthly, quarterly, or yearly period depending on the rent-payment schedule.

Estate at Will

An estate at will exists when a tenant possesses property with the owner's consent but without a fixed termination date or regular lease period.

Either party may generally terminate the tenancy with legally required notice.

Example:

An owner allows a family friend to live in a guest house until either person decides to end the arrangement.

The occupant has permission, so the person is not a trespasser.

However, the tenancy has no definite expiration date.

Estate at Sufferance

An estate at sufferance arises when a tenant who originally had lawful possession remains after the lease expires without the landlord's permission.

The tenant is often called a holdover tenant.

Example:

A tenant's lease expires on June 30. The tenant refuses to leave on July 1, and the landlord has not agreed to extend the tenancy.

The tenant is in possession at sufferance.

At Will vs. At Sufferance

• Estate at will: possession continues with the owner's permission.
• Estate at sufferance: possession continues without permission after lawful possession expires.

Exam Memory Tip

• Will: owner is willing.
• Sufferance: owner is suffering the holdover.

Less Than Freehold Estates

Leasehold estates are sometimes called estates less than freehold.

This does not mean that the tenant has no legal rights.

The tenant has an enforceable possessory interest during the tenancy, subject to:

• The lease
• Florida landlord-tenant law
• Property rules
• Applicable statutes

The tenant may have the right to exclude others, including the landlord, except when lawful access is permitted.

Estates and Forms of Ownership

The term "estate" describes the nature and duration of an interest.

A form of ownership describes how title is held when one or more owners are involved.

These topics are related but not identical.

For example:

• Fee simple is an estate.
• Tenancy in common is a form of co-ownership.
• Life estate is an estate.
• Tenancy by the entireties is a form of ownership for married spouses.

Real estate exams often combine the topics, so students should understand both.

Ownership in Severalty

Ownership in severalty means that title is held by one person or one legal entity.

The word "severalty" does not mean several owners.

It means ownership is severed from all others.

Examples include:

• One individual owning a home
• One corporation owning an office building
• One limited liability company owning a rental property

Tenancy in Common

Tenancy in common is a form of co-ownership in which two or more people hold undivided interests.

Characteristics include:

• Each owner has a right to possess the entire property.
• Ownership shares may be equal or unequal.
• Each owner may generally transfer the owner's interest.
• There is no automatic right of survivorship.
• An owner's share may pass through a will or intestate succession.

Florida law does not automatically apply survivorship merely because property is held jointly. Unless survivorship is properly created, a conveyance to two or more people may result in tenancy in common.

Example:

Taylor owns 60%, and Morgan owns 40%.

Both may have the right to use the entire property, but their financial ownership shares differ.

Joint Tenancy With Right of Survivorship

A joint tenancy may include the right of survivorship when the deed or instrument clearly creates it.

When one joint tenant dies, the deceased owner's interest passes to the surviving joint tenant or tenants rather than through the deceased owner's probate estate.

Florida statute provides that survivorship does not automatically arise merely because people are described as joint tenants. The instrument must expressly provide for survivorship, subject to recognized exceptions such as estates by the entirety.

Four Unities

Traditional joint tenancy requires the unities of:

• Possession
• Interest
• Time
• Title

These are often remembered as PITT.

PITT Memory Aid

• Possession
• Interest
• Time
• Title

All joint tenants have equal rights of possession, and the interests are traditionally created at the same time through the same instrument.

Tenancy by the Entireties

Tenancy by the entireties is a form of ownership available to married spouses.

The spouses are treated as one legal ownership unit for purposes of the estate.

Characteristics generally include:

• Available only to married spouses
• Equal rights of possession
• Right of survivorship
• Neither spouse may generally transfer the entire property alone
• The estate may provide protection from the separate creditors of one spouse, subject to exceptions

Florida Bar materials explain that tenancy by the entireties can exist only between spouses and that the surviving spouse continues to own the entire property after the first spouse's death.

Six Unities

Tenancy by the entireties traditionally requires:

• Possession
• Interest
• Time
• Title
• Marriage
• Survivorship

A common memory phrase is:

PITT plus marriage and survivorship.

Effect of Divorce

A divorce generally destroys tenancy by the entireties because the unity of marriage no longer exists.

The former spouses may then hold the property as tenants in common unless a court order, settlement agreement, deed, or other instrument provides differently.

This is a common licensing-exam scenario.

Community Property

Florida is not generally classified as a traditional community property state.

Instead, married couples may hold property through forms such as:

• Tenancy by the entireties
• Joint tenancy with right of survivorship
• Tenancy in common
• Separate ownership

Florida also permits qualifying community property trusts, but these are specialized estate-planning arrangements rather than the default ownership system for married couples. Florida Bar materials describe Florida community property trusts as joint trusts holding assets of married couples under statutory requirements.

For the sales associate exam, focus on tenancy by the entireties rather than advanced trust-planning rules.

How Estates End

Different estates terminate in different ways.

Fee Simple Absolute

A fee simple absolute estate may end when the owner:

• Conveys the property
• Loses it through foreclosure
• Loses it through tax proceedings
• Dies and the property passes to heirs or beneficiaries
• Loses it through eminent domain
• Abandons ownership under extraordinary circumstances

The estate itself is potentially perpetual, even though a particular owner's interest changes.

Defeasible Fee

A defeasible fee may end when:

• The stated condition occurs
• The stated use stops
• The grantor exercises a right of reentry
• A court determines that the condition was violated

Life Estate

A life estate ends when:

• The measuring life dies
• The life tenant and future-interest holder merge their interests
• The estate is lawfully terminated under the instrument
• The property is destroyed or taken, depending on the circumstances

The death of a remainderman does not necessarily end the life estate. The measuring life controls the duration.

Estate for Years

An estate for years ends automatically on the stated expiration date.

It may also end earlier through:

• Mutual agreement
• Breach
• Surrender
• Eviction
• Destruction
• Another lease provision

Periodic Tenancy

A periodic tenancy ends after legally sufficient notice.

Estate at Will

An estate at will ends when either party terminates the arrangement with required notice or when another terminating event occurs.

Estate at Sufferance

An estate at sufferance ends when:

• The tenant leaves
• The landlord evicts the tenant
• The landlord accepts a new tenancy
• The parties enter a new agreement

Common Exam Traps

Mistaking a Life Estate for Fee Simple

A life tenant may sell or mortgage the life estate, but cannot transfer a greater interest than the life tenant owns.

Assuming "Estate for Years" Must Last a Year

It may last any fixed period.

A ten-day lease can be an estate for years.

Confusing Remainder With Reversion

A remainder goes to a third party.

A reversion returns to the grantor.

Confusing Periodic Tenancy With Estate at Will

A periodic tenancy renews for recurring periods.

An estate at will has no regular fixed period.

Confusing Estate at Will With Estate at Sufferance

At will means possession with permission.

At sufferance means a holdover without permission.

Assuming Joint Ownership Includes Survivorship

Florida law does not automatically create survivorship merely because two people hold title together. Survivorship should be expressly created, except where another recognized estate applies.

Assuming Severalty Means Several Owners

Severalty means one owner.

Confusing an Estate With a Form of Ownership

Fee simple and life estate describe duration and extent.

Tenancy in common and tenancy by the entireties describe how co-owners hold title.

Assuming a Life Tenant Can Leave the Estate to Heirs

An ordinary life estate ends when the measuring life dies.

The property then passes to the remainderman or returns by reversion.

Quick Reference Table

Easy Memory Tips

Freehold Means Ownership

A freehold estate involves ownership for an uncertain duration.

Leasehold Means Possession

A leasehold tenant possesses property without owning the fee interest.

Fee Simple Is the Largest Estate

Fee simple absolute provides the broadest private ownership.

Life Estate Ends With a Life

The measuring life determines when the estate ends.

Remainder Goes to Another Person

A remainderman is a third party who receives possession after the prior estate.

Reversion Returns

A reversion returns to the original grantor.

Estate for Years Has Fixed Dates

The term may be shorter or longer than one year.

Periodic Tenancy Repeats

It renews week-to-week, month-to-month, or for another recurring period.

At Will Has Permission

The owner is willing to allow possession.

At Sufferance Is a Holdover

The landlord is suffering the tenant's continued possession.

Severalty Means One

Ownership is severed from all other owners.

PITT for Joint Tenancy

Possession, interest, time, and title.

Practice Scenarios

Scenario 1: Greatest Ownership

A deed conveys a home to Maya without limiting the duration or imposing a condition.

Maya most likely receives a fee simple absolute estate.

Scenario 2: Conditional Park Use

Land is conveyed to a city "so long as the property is used as a public park."

The city receives a fee simple determinable estate.

The grantor retains a possibility of reverter.

Scenario 3: Property for Life

A deed transfers a house to Noah for life and then to Emma.

Noah is the life tenant.

Emma holds the remainder.

Scenario 4: No Remainderman

A property owner transfers a home to Olivia for life but does not name anyone to receive it afterward.

Olivia receives a life estate.

The grantor retains a reversion.

Scenario 5: One-Year Lease

A lease runs from March 1 through the last day of February the following year.

The tenant holds an estate for years.

Scenario 6: Monthly Rental

A tenant pays rent monthly, and the tenancy renews each month until terminated.

The tenant holds an estate from period to period.

Scenario 7: Permission Without a Fixed Term

An owner allows a friend to live in a property until either party decides to end the arrangement.

The friend may hold an estate at will.

Scenario 8: Holdover Tenant

A tenant remains after a fixed lease expires without the landlord's consent.

The tenant holds an estate at sufferance.

Scenario 9: Married Owners

A married couple receives property as tenants by the entireties.

They hold an estate that generally includes survivorship and requires the marital unity.

Scenario 10: Two Unmarried Buyers

Two friends acquire a home, and the deed does not clearly create survivorship.

They may hold title as tenants in common rather than as joint tenants with survivorship.

Frequently Asked Questions

What is the highest form of ownership in Florida?

Fee simple absolute is generally considered the greatest private ownership interest.

Is a life estate real ownership?

Yes. A life estate is a freehold ownership interest, but its duration is limited by a measuring life.

Can a life tenant sell the property?

A life tenant can generally transfer the life estate. However, the buyer receives only the interest that lasts for the measuring life. Transferring full fee simple title usually requires participation by the future-interest holder.

What happens when a life tenant dies?

The life estate ends. Possession passes to the remainderman or returns to the grantor through reversion.

Does an estate for years have to last one year?

No. It can last for any definite period.

What is a month-to-month tenancy?

It is an estate from period to period that renews monthly until properly terminated.

What is a holdover tenant?

A holdover tenant remains after the lease expires. Without the landlord's consent, the tenant may hold an estate at sufferance.

Does joint ownership automatically include survivorship in Florida?

No. Florida law generally requires survivorship to be expressly stated, except for recognized forms such as tenancy by the entireties.

Who may own property as tenants by the entireties?

Married spouses may hold property as tenants by the entireties.

What happens to tenancy by the entireties after divorce?

Because the marital unity ends, the estate generally converts to tenancy in common unless another arrangement applies.

Is homestead a fee simple estate?

Homestead property may be owned in fee simple, but Florida homestead protections can limit conveyance, devise, taxation, and creditor claims. Homestead describes protected property rights rather than one single estate classification.

Estate Study Checklist

Before taking the Florida real estate exam, make sure you can explain:

• Freehold estates
• Leasehold estates
• Fee simple absolute
• Fee simple determinable
• Fee simple subject to a condition subsequent
• Possibility of reverter
• Right of reentry
• Life estates
• Life estates pur autre vie
• Life tenants
• Remaindermen
• Vested remainders
• Contingent remainders
• Reversions
• Waste
• Legal life estates
• Florida homestead concerns
• Estates for years
• Periodic tenancies
• Estates at will
• Estates at sufferance
• Ownership in severalty
• Tenancy in common
• Joint tenancy with right of survivorship
• Tenancy by the entireties
• The PITT unities
• The effect of divorce on tenancy by the entireties
• The difference between an estate and a form of ownership

Final Thoughts

The type of estate a person holds determines the scope and duration of that person's rights in real property.

The most important classifications are:

• Fee simple absolute provides the broadest private ownership.
• Fee simple defeasible may end when a condition is violated.
• A life estate lasts for the life of a named person.
• A remainder passes future possession to a third person.
• A reversion returns future possession to the grantor.
• An estate for years has a definite ending date.
• A periodic estate renews for recurring periods.
• An estate at will continues with the owner's permission.
• An estate at sufferance exists when a tenant wrongfully holds over.
• Severalty means ownership by one person or legal entity.
• Tenancy in common has no automatic survivorship.
• Joint tenancy requires a properly created right of survivorship.
• Tenancy by the entireties is a Florida ownership form for married spouses.

When answering exam questions, identify two things:

1. Does the person have ownership or only possession?
2. How long does the interest last?

Then look for key facts such as:

• A named measuring life
• A fixed lease expiration
• A recurring rental period
• A condition on ownership
• A named future owner
• A married couple
• Express survivorship language
• A tenant remaining after expiration

Those facts will usually reveal the correct estate.

Florida homestead, probate, survivorship, and estate-planning laws can be complex and may change. Real estate licensees should avoid providing legal advice and should direct clients to qualified Florida attorneys when ownership or inheritance questions extend beyond ordinary brokerage services.