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Florida Statute 732.502 | Lawyer Caselaw & Research
F.S. 732.502 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.502
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.

F.S. 732.502 on Google Scholar

F.S. 732.502 on Casetext

Amendments to 732.502


Arrestable Offenses / Crimes under Fla. Stat. 732.502
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.502.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BITETZAKIS, v. BITETZAKIS, 264 So. 3d 297 (Fla. App. Ct. 2019)

. . . the will in question was not executed in strict compliance with the signature requirement of section 732.502 . . . that the will had not been executed in compliance with the statutory formalities set forth in section 732.502 . . . the signing of the document, I'm finding that the document was signed in compliance with [ section] 732.502 . . . it can only be effectuated if the will has been validly executed" in strict compliance with section 732.502 . . . Section 732.502(1)(a) dictates that in order to properly execute a will, the testator "must sign the . . .

RIZK, v. RIZK,, 260 So. 3d 467 (Fla. App. Ct. 2018)

. . . Section 732.502(2) provides, in pertinent part: "Any will, other than a holographic or nuncupative will . . . will in this state if valid under the laws of the state or country where the will was executed." § 732.502 . . . will dictated by a testator, typically on the deathbed - which is not valid in Florida, per section 732.502 . . .

KELLY L. v. LINDENAU,, 223 So. 3d 1074 (Fla. Dist. Ct. App. 2017)

. . . . § 732.502(l)(b)-(c), Fla. Stat, (2014). . . .

MALLEIRO, v. MORI,, 182 So. 3d 5 (Fla. Dist. Ct. App. 2015)

. . . See § 732.502(1), Fla. Stat. (2013). . . . Trawick, Jr., Redfeam Wills & Administration in Florida § 3:2 (2014); see also § 732.502(2). . . . Instead, we hold that section 732.502(2)’s prohibition of nun-cupative wills does pot bar all notarial . . . for wills in general and 732.502(2)’s exclusion of nun-cupative wills from acceptable foreign wills. . . . The parties dispute whether the Testator was a nonresident under section 732.502(2). . . . Stat. (2013) (recognizing the validity of notarial wills executed by non-residents); § 732.502(2), Fla . . . See generally § 732.502(1), Fla. . . .

HELFENBEIN, v. BAVAL,, 157 So. 3d 531 (Fla. Dist. Ct. App. 2015)

. . . for rehearing, the trial court clarified that the 2007 Will was executed in conformity with section 732.502 . . . Section 732.503(1) contemplates that the will is already in compliance with section 732.502 before turning . . . In order to properly execute a will under section 732.502, “[t]he attesting witnesses must sign the will . . . ... in the presence of each other.” § 732.502(1)(c), Fla. . . . Section 732.502(1)(a)-(c), Florida Statutes (2007), provides: Every will must be in writing and executed . . .

ALDRICH, v. BASILE,, 136 So. 3d 530 (Fla. 2014)

. . . See §§ 732.502(l)(b) Fla. . . . Stat. (2004) (requiring signature of the testator along with two attesting witnesses); 732.502(5), Fla . . .

LEE, v. ESTATE OF PAYNE, M. a, 148 So. 3d 776 (Fla. Dist. Ct. App. 2013)

. . . She alleged that the holographic will was not executed in compliance with section 732.502(1), Florida . . . Statutes (2010), and, thus, was not valid under section 732.502(2). . . . Florida law requires wills to be signed by the testator and two witnesses: 732.502. . . . Lee argues that section 732.502(2) unconstitutionally restrains a testator’s right to devise property . . . but we certify the following question of great public importance to the supreme court: DO SECTIONS 732.502 . . .

GLENN, v. ROBERTS,, 95 So. 3d 271 (Fla. Dist. Ct. App. 2012)

. . . See §§ 731.201(36), 732.502, Fla. Stat. (2002). . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. . . .

PRICE, v. L. ABATE, W. D. L. J. J. A., 9 So. 3d 37 (Fla. Dist. Ct. App. 2009)

. . . seeking to enforce was invalid because it had not been executed with the formalities required by section 732.502 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502 . . . (1) or section 732.502(2), Florida Statutes* (-2) in an intestate estate, the petition for administration . . .

HERSKOVITZ, v. HERSHKOVICH,, 910 So. 2d 366 (Fla. Dist. Ct. App. 2005)

. . . ruling, arguing that the e-mailed second codicil was not properly attested to as required by section 732.502 . . . Section 732.502 of the Florida Statutes provides in relevant part: 732.502 Execution of wills Every will . . . presence of each other. sH s¡« * # (5) A codicil shall be executed with the same formalities as a will. § 732.502 . . .

JORDAN, v. FEHR, M., 902 So. 2d 198 (Fla. Dist. Ct. App. 2005)

. . . Because we conclude that the will was not executed in conformity with the requirements of section 732.502 . . . decedent’s signature on the will was a forgery; that the will was not executed in accordance with section 732.502 . . . As for the merits of the issue on cross-appeal, section 732.502(1), Florida Statutes (1999),. provides . . . To create a valid will, a testator must strictly comply with the requirements of section 732.502. . . .

E. DAHLY, v. DAHLY,, 866 So. 2d 745 (Fla. Dist. Ct. App. 2004)

. . . . - Section 732.502 of the Florida Statutes sets forth the requirements for executing a will in Florida . . . : 732.502 Execution of wills.— Every will must be in writing and executed as follows: (1) (a) Testator . . . formalities required by law. (4) A codicil shall be executed with the same formalities as a will. § 732.502 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. . . . the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502 . . . (1) or section 732.502(2), Florida Statutes; (2)in an intestate estate, the petition for administration . . .

CIOETA, v. ESTATE OF LINET,, 850 So. 2d 562 (Fla. Dist. Ct. App. 2003)

. . . Section 732.502 provides: Every will must be in writing and executed as follows: (1)(a) Testator’s signature . . . If the decedent failed to observe the formalities for execution of a will specified in section 732.502 . . . signature, and date in the adjoining margin failed to meet the mandatory will formalities of section 732.502 . . .

ANGELUS, v. I. PASS, 847 So. 2d 553 (Fla. Dist. Ct. App. 2003)

. . . See § 732.502, Fla. Stat. (2001); Williams v. . . .

TAFT, a k a v. ZACK, Jr., 830 So. 2d 881 (Fla. Dist. Ct. App. 2002)

. . . See id. at 98-99; §§ 732.502, .505, Fla. Stat. (2000). . . .

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) . . . By contrast, the major requirement for a validly executed will under section 732.502, Florida Statutes . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. . . .

DALK, v. ALLEN,, 774 So. 2d 787 (Fla. Dist. Ct. App. 2000)

. . . issue here is whether the will was properly executed in accordance with the requirements of section 732.502 . . . A will is not valid unless it is executed with the formalities required by section 732.502, Florida Statutes . . . Section 732.502(1) provides that every will must be signed at the end, or the testator’s name must be . . . end of the will by some other person, in the testator’s presence and by the testator’s direction. § 732.502 . . . least two attesting witnesses, who must sign the will in the presence of the testator and each other. § 732.502 . . .

In ESTATE OF SALATHE, SCHULA v. SALATHE,, 703 So. 2d 1167 (Fla. Dist. Ct. App. 1997)

. . . . § 732.502(2), Fla. Stat. (1995). . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 732.502, Fla.Stat. Execution of wills. § 732.503, Fla.Stat. . . .

BREVARD COUNTY, v. C. RAMSEY,, 658 So. 2d 1190 (Fla. Dist. Ct. App. 1995)

. . . . §§ 689.01, 689.06, 732.502, Fla.Stat. (1993). . . .

In ESTATE OF CORBIN. CORBIN, Sr. v. SHERMAN, W. a k a, 645 So. 2d 39 (Fla. Dist. Ct. App. 1994)

. . . . §§ 731.201(35); 732.502, Fla.Stat. (1989). . . .

BAIN, v. HILL, E., 639 So. 2d 178 (Fla. Dist. Ct. App. 1994)

. . . We also reject the alternative claim that the attestation of the will was insufficient under section 732.502 . . . witnesses must sign the will in the presence of the testator and in the presence of each other.... § 732.502 . . .

In ESTATE OF TOLIN, 622 So. 2d 988 (Fla. 1993)

. . . Further, section 732.502, Florida Statutes (1989), prescribes the manner used to properly execute a will . . .

ZUCKERMAN, v. ALTER,, 615 So. 2d 661 (Fla. 1993)

. . . Section 732.502, Florida Statutes (1989), provides: Every will must be in writing and executed as follows . . .

SIMPSON, v. M. WILLIAMSON,, 611 So. 2d 544 (Fla. Dist. Ct. App. 1992)

. . . whether Bass’ affidavit created a material question of fact that its execution failed under section 732.502 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . General definitions. 732.502, Fla.Stat. Execution of wills. § 732.503, Fla.Stat. . . . foregoing, the court shall admit the will and any codicils to probate if they comply with Resection 732.502 . . . (1) or RRsection 732.502(2), Florida Statutes;T (2) lin an intestate estate, the petition for administration . . .

IN RE ESTATE OF SPECTOR, 49 Fla. Supp. 2d 99 (Fla. Cir. Ct. 1991)

. . . Statute 732.503 — Self-proof of Will provides as follows: A will or codicil executed in conformity with § 732.502 . . .

WERNER, v. STATE, 590 So. 2d 431 (Fla. Dist. Ct. App. 1991)

. . . Further, section 732.502(l)(b), Florida Statutes, provides that a testator must sign the will “ ‘in the . . .

THE FLORIDA BAR, v. G. FATOLITIS,, 546 So. 2d 1054 (Fla. 1989)

. . . In addition, I find that the respondent violated Florida Statute Section 732.502(l)(c) by signing his . . .

MANSON, v. B. HAYES,, 539 So. 2d 27 (Fla. Dist. Ct. App. 1989)

. . . . § 731.07(1) & (2), Fla.Stat. (1971) (present version § 732.502, Fla.Stat. (1987)). . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.502 Execution of wills. F.S. 733.201 Proof of wills. . . . the foregoing, the court shall admit the will and any codicils to probate if they comply with F.S. 732.502 . . . (1) or F.S. 732.502(2). (2) In an intestate estate, the petition for administration; order appointing . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 732.502 Execution of wills. F.S. 733.201 Proof of wills. . . . of the foregoing, the court shall admit the will and any codicils to probate if they comply with s. 732.502 . . .

RENFRO, v. L. DODGE,, 520 So. 2d 690 (Fla. Dist. Ct. App. 1988)

. . . Section 732.701 comports with the required formalities of will-making as contained in section 732.502 . . .

IN RE FRANCES E. CARTER IRELAND WOODFIN v. ADKINS, 20 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1986)

. . . Court specifically rejects Respondent’s argument that the execution and formality requirements of § 732.502 . . .

G. v., 87 T.C. 609 (T.C. 1986)

. . . Ann. section 732.502 (West 1976) expressly provides that every wih must be in writing and signed and . . .

A. AHLMAN, v. WOLF,, 483 So. 2d 889 (Fla. Dist. Ct. App. 1986)

. . . First, it is alleged that the will was not executed in accordance with § 732.502, Florida Statutes [1979 . . .

IN RE ESTATE OF LANE, 31 Fla. Supp. 2d 39 (Fla. Cir. Ct. 1985)

. . . found that the execution of the December 13, 1982 republication document was in accordance with FS § 732.502 . . .

A. DOZIER, R. v. SMITH,, 446 So. 2d 1107 (Fla. Dist. Ct. App. 1984)

. . . At trial, no testimony was offered to show that the requirements of section 732.502, Florida Statutes . . .

In HATCHER, MESSER, v. L. DODD, Jr., 439 So. 2d 977 (Fla. Dist. Ct. App. 1983)

. . . Both the petition and its supporting memorandum of law stated that in accordance with section 732.502 . . . The court found that section 732.502(2), Florida Statutes (1981) is concerned with procedural validity . . .

In ESTATE OF H. RICE, RICE, Dr. S. Jr. v. A. GREENBERG H., 406 So. 2d 469 (Fla. Dist. Ct. App. 1981)

. . . In short, a will must be in writing, pursuant to Section 732.502, Florida Statutes (1977). . . .

IN ESTATE SWANSON, BAIRD v. A. LARSON,, 397 So. 2d 465 (Fla. Dist. Ct. App. 1981)

. . . The appellants assert that section 732.502(2), Florida Statutes (1979), applies only to the procedural . . . The lower court agreed and entered the final order of abatement, finding that section 732.502(2) was . . . The question before this court is whether section 732.502(2), governing the validity of wills executed . . . In examining section 732.502, which is entitled “Execution of wills,” matters of substantive validity . . . Therefore, we conclude that although section 732.502(2) is not identical to the corresponding section . . .

YORK, v. SMITH, L., 385 So. 2d 1110 (Fla. Dist. Ct. App. 1980)

. . . Section 732.502, Florida Statutes, establishes the formalities under which “[e]very will must be . executed . . . signature in the presence of attesting witnesses or acknowledgement of prior signature in such presence. § 732.502 . . . case the testator’s previously signed holographic will was not “executed” as that term is defined by § 732.502 . . . I believe that this rationale is also applicable to § 732.502, Florida Statutes, and requires testamentary . . .

In ESTATE OF E. GUTH, F. GUTH, v. F. HOWARD,, 374 So. 2d 1098 (Fla. Dist. Ct. App. 1979)

. . . was duly witnessed and notarized but allegedly carried no attestation clause as required by Section 732.502 . . .

BRADLEY, a By v. E. BRADLEY,, 371 So. 2d 168 (Fla. Dist. Ct. App. 1979)

. . . Section 732.502(1), Florida Statutes (1975) provides that “[t]he testator must sign his will at the end . . .

In ESTATE B. CHARRY,, 359 So. 2d 544 (Fla. Dist. Ct. App. 1978)

. . . Section 732.502, F.S., 1975, requires the testator to sign his will at the end in the presence of at . . .

In ESTATE KAVCIC. T. JONES, v. P. HENDRICKSON P., 341 So. 2d 278 (Fla. Dist. Ct. App. 1977)

. . . That formality is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975) . . . Section 732.502(1), Florida Statutes (1975). . . .