Florida Statute 732.4015 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.4015

732.4015 Devise of homestead.—

(1) As provided by the State Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children.

(2) For the purposes of subsection (1), the term:

(a) “Owner” includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantor’s death as if the interest held in trust was owned by the grantor.

(b) “Devise” includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantor’s homestead.

(3) If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouse’s interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739.

History.—s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102; s. 38, ch. 2001-226; s. 13, ch. 2007-74; s. 8, ch. 2010-132.

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Amendments to 732.4015

Annotations, Discussions, Cases:

Cases Citing Statute 732.4015

Total Results: 42

Lorraine v. Grover, Ciment, Weinstein & Stauber, PA

467 So. 2d 315, 10 Fla. L. Weekly 327

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 1274573

Cited 19 times | Published

subject to devise. Art. X, § 4(c), Fla. Const.; § 732.4015, Fla. Stat. (1981). Accordingly, there was no

Holden v. Estate of Gardner

420 So. 2d 1082

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 1306936

Cited 13 times | Published

contends that the legislature, in adopting section 732.4015 of the Probate Code, Florida Statutes (1979)[2]

In Re Estate of Skuro

467 So. 2d 1098, 10 Fla. L. Weekly 1090, 1985 Fla. App. LEXIS 13760

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 1274909

Cited 12 times | Published

held that the use of the term "homestead" in Section 732.4015, Florida Statutes (1979) (which concerns the

Engelke v. Estate of Engelke

921 So. 2d 693, 2006 WL 436053

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1662946

Cited 11 times | Published

trusts are treated similarly to wills. See, e.g., § 732.4015, Fla. Stat. (2005) (treating disposition by trust

In Re Estate of Cleeves

509 So. 2d 1256, 12 Fla. L. Weekly 1685

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1361747

Cited 11 times | Published

section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes (1985) provide that homestead

Morey v. Everbank

93 So. 3d 482, 2012 WL 3000608, 2012 Fla. App. LEXIS 11876

District Court of Appeal of Florida | Filed: Jul 24, 2012 | Docket: 60310614

Cited 8 times | Published

X, § 4(c), of the Florida Constitution and F.S. 732.4015 provide that the owner of homestead property

Clifton v. Clifton

553 So. 2d 192, 1989 WL 119080

District Court of Appeal of Florida | Filed: Oct 12, 1989 | Docket: 1259432

Cited 7 times | Published

JJ., concur. NOTES [1] January 2, 1973. [2] § 732.4015, Fla. Stat. (1987); Art. X, § 4(c), Fla. Const

Hartwell v. Blasingame

564 So. 2d 543, 1990 WL 91875

District Court of Appeal of Florida | Filed: Jul 6, 1990 | Docket: 1294585

Cited 6 times | Published

agreement, or waiver, signed by the waiving party. Section 732.4015, Florida Statutes (1987), provides: As provided

City Nat. Bank of Florida v. Tescher

557 So. 2d 615, 1990 WL 11813

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1512299

Cited 6 times | Published

section 4(c) of the Florida Constitution and Section 732.4015, Florida Statutes (1987), prohibit the devise

Cavanaugh v. Cavanaugh

542 So. 2d 1345, 1989 WL 44492

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 1515853

Cited 6 times | Published

a proper devise under the constitution and section 732.4015. Thus, assuming that to be true, there would

Cutler v. Cutler

994 So. 2d 341, 2008 WL 4057751

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1217430

Cited 5 times | Published

trusts are treated similarly to wills. See, e.g., § 732.4015, Fla. Stat. (2005) (treating disposition by trust

Wadsworth v. First Union Nat. Bank

564 So. 2d 634, 1990 WL 109473

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1294186

Cited 5 times | Published

this proposition. By section 732.401(1) and section 732.4015, Florida Statutes, the legislature has clearly

In Re Estate of Boyd

519 So. 2d 692, 13 Fla. L. Weekly 334, 1988 Fla. App. LEXIS 345, 1988 WL 6063

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 1332301

Cited 5 times | Published

if the owner is survived by a spouse. Also see § 732.4015, Fla. Stat. (1985). In this case the owner was

In Re Estate of Finch

401 So. 2d 1308

Supreme Court of Florida | Filed: Jun 18, 1981 | Docket: 1686516

Cited 5 times | Published

encumbrance shall be provided by law. Similarly, section 732.4015, Florida Statutes (1977), states: As provided

Burdick v. Burdick

399 So. 2d 410

District Court of Appeal of Florida | Filed: Jun 2, 1981 | Docket: 1652317

Cited 5 times | Published

Section 4 of the Florida Constitution and Section 732.4015, Florida Statutes (1977), was not subject

James v. James

843 So. 2d 304, 2003 WL 828352

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 2530340

Cited 4 times | Published

surviving spouse owned as tenants by the entirety. Section 732.4015, provides: (1) As provided by the Florida

In Re Estate of Wall

502 So. 2d 531, 12 Fla. L. Weekly 559

District Court of Appeal of Florida | Filed: Feb 18, 1987 | Docket: 1657666

Cited 4 times | Published

benefits of the homestead law. Fla. Stat. § 732.401, § 732.4015; Fla. Const. Art. X, Sec. 4. The trial court

Dr. Ross G. Stone v. Nancy Stone and Alma Stone

157 So. 3d 295, 2014 Fla. App. LEXIS 18431, 2014 WL 5834826

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595484

Cited 3 times | Published

The corresponding statutory provision is section 732.4015, Florida Statutes, entitled “Devise of homestead

Aronson v. Aronson

81 So. 3d 515, 2012 WL 280565, 2012 Fla. App. LEXIS 1343

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2416018

Cited 3 times | Published

revocable trust as to testamentary bequests. § 732.4015(2)(a), Fla. Stat. (2001); Cutler v. Cutler, 994

Gold v. Schwartz

774 So. 2d 879, 2001 WL 6179

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1698010

Cited 3 times | Published

to another. See Art. X, § 4(c), Fla. Const.; § 732.4015, Fla.Stat.

Rutherford v. Gascon

679 So. 2d 329, 1996 Fla. App. LEXIS 9090, 1996 WL 482978

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 64767200

Cited 3 times | Published

husband’s death. Art. X, § 4(c), Fla. Const.; § 732.4015, Fla.Stat. (1993); In re Estate of Finch, 401

King v. Ellison

648 So. 2d 666, 1994 WL 597615

Supreme Court of Florida | Filed: Nov 3, 1994 | Docket: 1342326

Cited 3 times | Published

property. It is article X, section 4(c) and section 732.4015, which mirrors the constitutional provision

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.607, Fla

In re the Estate of Finch

383 So. 2d 755, 1980 Fla. App. LEXIS 16176

District Court of Appeal of Florida | Filed: May 14, 1980 | Docket: 64576100

Cited 1 times | Published

encumbrance shall be as provided by law. Similarly, Section 732.4015, Florida Statutes (1977), states: As provided

Jorge Mendia v. Abraham Figueroa Galvez

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209990

Published

time of the decedent’s death per stirpes.”); § 732.4015(1), Fla. Stat. (2021) (“As provided by the State

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

- 11 - § 732.4015, Fla. Stat. Devise of homestead. § 733

JONATHAN STIRBERG and JESSICA STIRBERG v. HENRY H. FEIN, in his capacity of Successor Co-Trustee of the NAT STIRBERG REVOCABLE RESIDENCE TRUST

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012431

Published

Constitution, article X, section 4(c), nor section 732.4015, Florida Statutes, requires that the

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363928

Published

to Florida Statute §732.401 or Florida Statute §732.4015.

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

the owner of the real property pursuant to section 732.4015, Florida Statutes. (b) Contents. The

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

§ 732,401, Fla. Stat. Descent of homestead. § 732,4015, Fla. Stat. Devise of homestead. § 733.608(2)

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

§ 732,401, Fla. Stat. Descent of homestead. § 732,4015, Fla. Stat. Devise of homestead. § 733.608(2)

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla

Amendments to the Florida Probate Rules

824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 64817121

Published

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

§ 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. Devise of homestead. § 733.604, Fla

Sun First National Bank of Polk County v. Fry

579 So. 2d 869, 1991 Fla. App. LEXIS 4740, 1991 WL 85551

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 64658815

Published

a surviving spouse. Art. X, § 4, Fla. Const.; § 732.4015, Fla.Stat. (1989). Under section 732.401(1),

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

reports. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

reports. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory

Kelley v. Flagship National Bank of Boynton Beach

502 So. 2d 531, 12 Fla. L. Weekly 559, 1987 Fla. App. LEXIS 6820

District Court of Appeal of Florida | Filed: Feb 18, 1987 | Docket: 64625068

Published

benefits of the homestead law. Fla. Stat. § 732.401, § 732.4015; Fla. Const. Art. X, Sec. 4. The trial court

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

returns. F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory

Pierrepont v. Humphreys

413 So. 2d 140, 1982 Fla. App. LEXIS 19920

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 64589610

Published

227, 276 (1978). . Art. X, § 4(c) Fla.Const.; § 732.4015, Fla. Stat. (1981), formerly § 731.05, Fla.Stat

Holden v. Estate of Gardner

404 So. 2d 1169, 1981 Fla. App. LEXIS 21385

District Court of Appeal of Florida | Filed: Oct 22, 1981 | Docket: 64585592

Published

of homesteads. (Emphasis added.) Presently, Section 732.4015, Florida Statutes (1979) reads: As provided