Florida Statute 732.502 - 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. 732.502

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 CourtListener

Amendments to 732.502

Annotations, Discussions, Cases:

Cases Citing Statute 732.502

Total Results: 53

Zuckerman v. Alter

615 So. 2d 661, 1993 WL 15589

Supreme Court of Florida | Filed: Jan 28, 1993 | Docket: 1184678

Cited 28 times | Published

First Nationwide bank account title. [2] Section 732.502, Florida Statutes (1989), provides: Every

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

Estates Practice Guide ch. 16, § 38 (1984). See § 732.502, Fla. Stat. (1981). The danger of perjury is the

In Re Estate of Charry

359 So. 2d 544

District Court of Appeal of Florida | Filed: May 31, 1978 | Docket: 1417559

Cited 13 times | Published

that he was an attesting and signing witness. Section 732.502, F.S., 1975, requires the testator to sign

In Re Estate of Tolin

622 So. 2d 988, 18 Fla. L. Weekly Supp. 373, 1993 Fla. LEXIS 1133, 1993 WL 241043

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1529045

Cited 12 times | Published

Section 731.201(35), Fla. Stat. (1989). Further, section 732.502, Florida Statutes (1989), prescribes the manner

In Re Estate of Rice

406 So. 2d 469

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1510040

Cited 12 times | Published

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

In Re Estate of Hatcher

439 So. 2d 977

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 141868

Cited 9 times | Published

memorandum of law stated that in accordance with section 732.502(2), Florida Statutes (1981), the Florida trial

Allen v. Dalk

826 So. 2d 245, 2002 WL 1981384

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 1197846

Cited 6 times | Published

for a validly executed will are detailed in section 732.502, Florida Statutes (2000), which provides in

Simpson v. Williamson

611 So. 2d 544, 1992 WL 371556

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 1757233

Cited 6 times | Published

question of fact that its execution failed under section 732.502. That provision requires: Every will must be

In Re Estate of Kavcic

341 So. 2d 278

District Court of Appeal of Florida | Filed: Jan 14, 1977 | Docket: 1393146

Cited 6 times | Published

is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January

In Re Estate of Swanson

397 So. 2d 465

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1706896

Cited 5 times | Published

Swanson's will. The appellants assert that section 732.502(2), Florida Statutes (1979), applies only to

Jordan v. Fehr

902 So. 2d 198, 2005 WL 831382

District Court of Appeal of Florida | Filed: Apr 12, 2005 | Docket: 1256897

Cited 4 times | Published

executed in conformity with the requirements of section 732.502(1), Florida Statutes (1999), we hold that the

Manson v. Hayes

539 So. 2d 27, 1989 WL 18808

District Court of Appeal of Florida | Filed: Mar 7, 1989 | Docket: 453013

Cited 4 times | Published

07(1) & (2), Fla. Stat. (1971) (present version § 732.502, Fla. Stat. (1987)). The trial court conducted

Ahlman v. Wolf

483 So. 2d 889, 11 Fla. L. Weekly 560

District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 455833

Cited 4 times | Published

the will was not executed in accordance with § 732.502, Florida Statutes [1979], in that a witness to

Kelly v. Lindenau

223 So. 3d 1074, 2017 WL 2180970, 2017 Fla. App. LEXIS 6959

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062502

Cited 3 times | Published

the presence of the testator and of each other. § 732.502(l)(b)-(c), Fla. Stat, (2014). Consequently, a

Herskovitz v. Hershkovich

910 So. 2d 366, 2005 WL 2254003

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1494764

Cited 3 times | Published

was not properly attested to as required by section 732.502 of the Florida Statutes.[1] More specifically

Werner v. State

590 So. 2d 431, 1991 WL 144241

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 458315

Cited 3 times | Published

of any of testator's senses. Id. Further, section 732.502(1)(b), Florida Statutes, provides that a testator

In Re Estate of Salathe

703 So. 2d 1167, 1997 WL 784804

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 1349169

Cited 2 times | Published

is without force or effect under Florida law. § 732.502(2), Fla. Stat. (1995). Therefore, absent a disposition

Lee v. Estate Payne

148 So. 3d 776, 2013 WL 5225200, 2013 Fla. App. LEXIS 14822

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60243607

Cited 1 times | Published

with section 732.502(1), Florida Statutes (2010), and, thus, was not valid under section 732.502(2). The

Price v. Abate

9 So. 3d 37, 2009 Fla. App. LEXIS 3619, 2009 WL 559908

District Court of Appeal of Florida | Filed: Mar 6, 2009 | Docket: 1667582

Cited 1 times | Published

executed with the formalities required by section 732.502 of the Florida Statutes (2005). This appeal

Cioeta v. Estate of Linet

850 So. 2d 562, 2003 Fla. App. LEXIS 7956, 2003 WL 21221620

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64824101

Cited 1 times | Published

execution of wills declaring the revocation. Section 732.502 provides: Every will must be in writing and

Dalk v. Allen

774 So. 2d 787, 2000 WL 1838384

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 1330984

Cited 1 times | Published

executed in accordance with the requirements of section 732.502, Florida Statutes, which, among other things

York v. Smith

385 So. 2d 1110

District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 1337991

Cited 1 times | Published

Wilmott's Estate, 66 So.2d 465 (Fla. 1953). Section 732.502, Florida Statutes, establishes the formalities

Bradley v. Bradley

371 So. 2d 168, 1979 Fla. App. LEXIS 15067

District Court of Appeal of Florida | Filed: May 1, 1979 | Docket: 64570261

Cited 1 times | Published

SCHWARTZ, Judge. Section 732.502(1), Florida Statutes (1975) provides that “[t]he testator must sign

Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998665

Published

731.106(2), Fla. Stat. (2023). In addition, section 732.502(2), Florida Statutes (2023), provides:

RAUL PARISI v. MARIA ISABEL QUADRI DE KINGSTON, etc.

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012406

Published

9 set forth in section 732.502, Florida Statutes (2000), “in order to create

MARGOT M. CAVEGLIA and CHRISTOPHER CAVEGLIA v. DIANA HEINEN

District Court of Appeal of Florida | Filed: Mar 8, 2023 | Docket: 66970038

Published

holographic wills executed by non- residents. Section 732.502(2), Florida Statutes (2019), states:

MATTHIAS MORROW v. JOHN WESTLY MORROW

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795936

Published

decedent, Bunny Lee Morrow, as violative of section 732.502, Florida Statutes (2018). On appeal, appellant

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335817

Published

provisions in the execution of wills. See § 732.502, Florida Statutes (2018). The “will must

BERNARD JONES, etc. v. KATHRYN ERVOLINO, etc.

District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318841

Published

was invalid as a matter of law pursuant to section 732.502(1)(c), Florida Statutes, thus the estate should

ALFREDO TENDLER v. KENNETH N. JOHNSON

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637706

Published

statutory provisions in the execution of wills. See § 732.502, Florida Statutes (2018). The “will must be in

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

-9- § 732.502, Fla. Stat. Execution of wills. § 732.503

Bitetzakis v. Bitetzakis

264 So. 3d 297

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704578

Published

compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent, George

Bitetzakis v. Bitetzakis

264 So. 3d 297

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 64704577

Published

compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent, George

ALICE BITETZAKIS v. ANA ESTHER BITETZAKIS, IN RE: GREGORY BITETZAKIS

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 14530839

Published

compliance with the signature requirement of section 732.502, Florida Statutes (2013). The

Rizk v. Rizk

260 So. 3d 467

District Court of Appeal of Florida | Filed: Dec 4, 2018 | Docket: 8346789

Published

deathbed – which is not valid in Florida, per section 732.502(2) of the Florida Statutes. By definition,

Rizk v. Rizk

District Court of Appeal of Florida | Filed: Nov 4, 2018 | Docket: 8345941

Published

deathbed – which is not valid in Florida, per section 732.502(2) of the Florida Statutes. By definition,

Malleiro v. Mori

182 So. 3d 5, 2015 Fla. App. LEXIS 14475, 2015 WL 5714701

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863182

Published

complies with the formalities of Florida law. See § 732.502(1), Fla. Stat. (2013). The New York will was

Arlyne Beth Helfenbein v. Estelle Baval

157 So. 3d 531, 2015 Fla. App. LEXIS 2161, 2015 WL 669595

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634854

Published

2007 Will was executed in conformity with section 732.502, Florida Statutes (2007). 2

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

General definitions. § 731.301, Fla. Stat. Notice. § 732.502, Fla. Stat. Execution of wills. § 732.503, 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

to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes* (-2) in an

Dahly v. Dahly

866 So. 2d 745, 2004 Fla. App. LEXIS 1544, 2004 WL 256520

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 64828356

Published

must be admitted to probate. We agree. - Section 732.502 of the Florida Statutes sets forth the requirements

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

References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla

Angelus v. Pass

847 So. 2d 553, 2003 Fla. App. LEXIS 7021, 2003 WL 21077031

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64823348

Published

with the statutory requirements of a will. See § 732.502, Fla. Stat. (2001); Williams v. Williams, 149

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

References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla

Schula v. Salathe

703 So. 2d 1167, 1997 Fla. App. LEXIS 13928

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777929

Published

is without force or effect under Florida law. § 732.502(2), Fla. Stat. (1995). Therefore, absent a disposition

Bain v. Hill

639 So. 2d 178, 1994 Fla. App. LEXIS 6609, 1994 WL 316560

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749552

Published

the testator signed at the “end” of his will, § 732.-502(l)(a)l, Fla.Stat. (1993),1 is squarely supported

Florida Bar v. Fatolitis

546 So. 2d 1054, 14 Fla. L. Weekly 358, 1989 Fla. LEXIS 660, 1989 WL 77507

Supreme Court of Florida | Filed: Jul 13, 1989 | Docket: 64643896

Published

that the respondent violated Florida Statute Section 732.502(l)(c) by signing his wife’s name to the Last

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

References F.S. 731.201 General definitions. F.S. 732.502 Execution of wills. F.S. 733.201 Proof of wills

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

References F.S. 731.201 General definitions. F.S. 732.502 Execution of wills. F.S. 733.201 Proof of wills

Renfro v. Dodge

520 So. 2d 690, 13 Fla. L. Weekly 575, 1988 Fla. App. LEXIS 779, 1988 WL 15437

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 64632901

Published

formalities of will-making as contained in section 732.502 and is a reasonable requirement for the enforceability

Dozier v. Smith

446 So. 2d 1107, 1984 Fla. App. LEXIS 11805

District Court of Appeal of Florida | Filed: Feb 15, 1984 | Docket: 64603478

Published

was offered to show that the requirements of section 732.502, Florida Statutes (1981), were not met. After

Guth v. Howard

374 So. 2d 1098, 1979 Fla. App. LEXIS 15430

District Court of Appeal of Florida | Filed: Aug 31, 1979 | Docket: 64571903

Published

carried no attestation clause as required by Section 732.502(1), Florida Statutes. The testator left his

Jones v. Hendrickson

341 So. 2d 278, 1977 Fla. App. LEXIS 15076

District Court of Appeal of Florida | Filed: Jan 14, 1977 | Docket: 64556622

Published

is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January