Florida Statutes
Fla. Stat. § 732.502 (2025)
Execution of wills.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator’s signature.—
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.—The testator’s:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.
(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.
(5) A codicil shall be executed with the same formalities as a will.
History.—s. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154.
Note.—Created from former s. 731.07.
Notes of Decisions
Cited in 62
cases (10 in the last 5 years), 1977–2026 · leading case: Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015).
Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015). “In cases turning on section 732.502, however, the trial court should make a factual determination whether the testator was a nonresident.”
In Re Est. of Swanson, 397 So. 2d 465 (Fla. 2d DCA 1981). “The statute begins, "Every will must be in writing and executed as follows:" Each of the subsections deals with some procedural formality required for a valid execution.”
Allen v. Dalk, 826 So. 2d 245 (Fla. 2002). “The requirements for a validly executed will are detailed in section 732.502, Florida Statutes (2000), which provides in relevant part: Every will must be in writing and executed as follows: (1)(a) Testator's signature.”
In Re Est. of Hatcher, 439 So. 2d 977 (Fla. 3d DCA 1983). “Both the petition and its supporting memorandum of law stated that in accordance with section 732.502(2), Florida Statutes (1981), the Florida trial court lacked proper jurisdiction and venue to determine whether the subsequent will was valid and that a West Virginia court…”
Jordan v. Fehr, 902 So. 2d 198 (Fla. 1st DCA 2005). “Fehr argued that the decedent's signature on the will was a forgery; that the will was not executed in accordance with section 732.502; and that as a matter of law the document is a nullity, because the dispositive provisions of the residuary clause attempt to create a trust…”
Zuckerman v. Alter, 615 So. 2d 661 (Fla. 1993). “[2] Section 732.502, Florida Statutes (1989), provides: Every will must be in writing and executed as follows: (1)(a) Testator's signature.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 732.502, Fla. Stat. Execution of wills.”
In Re Est. of Tolin, 622 So. 2d 988 (Fla. 1993). “Further, section 732.502, Florida Statutes (1989), prescribes the manner used to properly execute a will or codicil.”
In Re Est. of Kavcic, 341 So. 2d 278 (Fla. 1st DCA 1977). “That formality is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January 1, 1976.”
Lorraine v. Grover, Ciment, Weinstein & Stauber, PA, 467 So. 2d 315 (Fla. 3d DCA 1985). “See § 732.502, Fla. Stat. (1981). The danger of perjury is the reason behind the statutory provisions which regulate wills and is also generally considered the reason for the rule which prohibits the use of evidence extrinsic to the will to prove a testator's intent.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 732.502 Execution of wills. F.S. 733.”
In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981). “What then is the effect of either the scrivener's testimony concerning the testator's intent or the trust officer's testimony, both of which were admitted without objection and not refuted by any countervening testimony? In a word nothing.”
— 732.502(1) — 18 cases
Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015). “In cases turning on section 732.502, however, the trial court should make a factual determination whether the testator was a nonresident.”
Jordan v. Fehr, 902 So. 2d 198 (Fla. 1st DCA 2005). “Fehr argued that the decedent's signature on the will was a forgery; that the will was not executed in accordance with section 732.502; and that as a matter of law the document is a nullity, because the dispositive provisions of the residuary clause attempt to create a trust…”
In Re Est. of Kavcic, 341 So. 2d 278 (Fla. 1st DCA 1977). “That formality is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January 1, 1976.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 732.502 Execution of wills. F.S. 733.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 732.502, Fla. Stat. Execution of wills.”
— 732.502(1)(a) — 5 cases
Dalk v. Allen, 774 So. 2d 787 (Fla. 5th DCA 2000).
Alice Bitetzakis v. Ana Esther Bitetzakis, in Re: Gregory Bitetzakis (Fla. 2d DCA 2019).
Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019).
Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019).
Arlyne Beth Helfenbein v. Estelle Baval, 157 So. 3d 531 (Fla. 4th DCA 2015).
— 732.502(1)(b) — 4 cases
Werner v. State, 590 So. 2d 431 (Fla. 4th DCA 1991).
Herskovitz v. Hershkovich, 910 So. 2d 366 (Fla. 5th DCA 2005).
Dalk v. Allen, 774 So. 2d 787 (Fla. 5th DCA 2000).
York v. Smith, 385 So. 2d 1110 (Fla. 1st DCA 1980).
— 732.502(1)(c) — 2 cases
Bernard Jones, Etc. v. Kathryn Ervolino, Etc. (Fla. 3d DCA 2022).
Arlyne Beth Helfenbein v. Estelle Baval, 157 So. 3d 531 (Fla. 4th DCA 2015).
— 732.502(2) — 16 cases
In Re Est. of Swanson, 397 So. 2d 465 (Fla. 2d DCA 1981). “The statute begins, "Every will must be in writing and executed as follows:" Each of the subsections deals with some procedural formality required for a valid execution.”
Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015). “In cases turning on section 732.502, however, the trial court should make a factual determination whether the testator was a nonresident.”
In Re Est. of Hatcher, 439 So. 2d 977 (Fla. 3d DCA 1983). “Both the petition and its supporting memorandum of law stated that in accordance with section 732.502(2), Florida Statutes (1981), the Florida trial court lacked proper jurisdiction and venue to determine whether the subsequent will was valid and that a West Virginia court…”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 732.502, Fla. Stat. Execution of wills.”
In Re Est. of Salathe, 703 So. 2d 1167 (Fla. 2d DCA 1997).
— 732.502(l) — 1 case
Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015). “In cases turning on section 732.502, however, the trial court should make a factual determination whether the testator was a nonresident.”
— 732.502(l)(b) — 3 cases
Kelly v. Lindenau, 223 So. 3d 1074 (Fla. 2d DCA 2017).
Aldrich v. Basile, 136 So. 3d 530 (Fla. 2014).
Bain v. Hill, 639 So. 2d 178 (Fla. 3d DCA 1994).
— 732.502(l)(c) — 1 case
Florida Bar v. Fatolitis, 546 So. 2d 1054 (Fla. 1989).
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