Florida Statutes

Fla. Stat. § 732.4015 (2025)

Devise of homestead.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 40 cases (4 in the last 5 years), 1980–2024 · leading case: Lorraine v. Grover, Ciment, Weinstein & Stauber, PA, 467 So. 2d 315 (Fla. 3d DCA 1985).

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Lorraine v. Grover, Ciment, Weinstein & Stauber, PA, 467 So. 2d 315 (Fla. 3d DCA 1985). · cites it 4× “; § 732.4015, Fla. Stat. (1981). Accordingly, there was no means by which a will could have been drafted so that Johnson's testamentary intent, that a life estate in the homestead pass to his mother on his death, could have been accomplished.”

Holden v. Est. of Gardner, 420 So. 2d 1082 (Fla. 1982). · cites it 3× “Petitioner further contends that the legislature, in adopting section 732.4015 of the Probate Code, Florida Statutes (1979) [2] eliminated the requirement that a decedent spouse who owned the marital home be the head of the family before restrictions on devise away from the…”

In Re Est. of Finch, 401 So. 2d 1308 (Fla. 1981). · cites it 4× “Similarly, section 732.4015, Florida Statutes (1977), states: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no…”

Engelke v. Est. of Engelke, 921 So. 2d 693 (Fla. 4th DCA 2006). · cites it 2× “, § 732.4015, Fla. Stat. (2005) (treating disposition by trust of grantor's homestead as a "devise" where grantor is survived by spouse or minor child); see also Johns v.”

Clifton v. Clifton, 553 So. 2d 192 (Fla. 5th DCA 1989). · cites it 3× “[2] § 732.4015, Fla. Stat. (1987); Art. X, § 4(c), Fla.”

Dr. Ross G. Stone v. Nancy Stone & Alma Stone, 157 So. 3d 295 (Fla. 4th DCA 2014). · cites it 4× “§ 732.4015, Fla. Stat. (2011). This law recognizes the revocable trust as a will substitute and the grantor of such a trust as the equivalent of the testator of a will for purposes of the application of homestead laws.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 4× “§ 732.4015, Fla. Stat. Devise of homestead.”

Hartwell v. Blasingame, 564 So. 2d 543 (Fla. 2d DCA 1990). · cites it 3× “Section 732.4015, Florida Statutes (1987), provides: As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or minor child, except that the homestead may be devised to the owner's spouse if there is no minor…”

Cutler v. Cutler, 994 So. 2d 341 (Fla. 3d DCA 2008). · cites it 2× “, § 732.4015, Fla. Stat. (2005) (treating disposition by trust of grantor's homestead as a "devise" where grantor is survived by spouse or minor child); see also Johns v.”

City Nat. Bank of Florida v. Tescher, 557 So. 2d 615 (Fla. 3d DCA 1990). · cites it 4× “Article X, section 4(c) of the Florida Constitution and Section 732.4015, Florida Statutes (1987), prohibit the devise of homestead property where the decedent is survived by a spouse or minor child.”

In Re Est. of Skuro, 467 So. 2d 1098 (Fla. 4th DCA 1985). · cites it 2× “1982), the Florida Supreme Court held that the use of the term "homestead" in Section 732.4015, Florida Statutes (1979) (which concerns the devise of homestead) refers to homestead as that term is used in the Florida Constitution.”

In Re Est. of Cleeves, 509 So. 2d 1256 (Fla. 2d DCA 1987). · cites it 2× “Article X, section 4(c) of the Florida Constitution and section 732.4015, Florida Statutes (1985) provide that homestead property shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the spouse if the owner is…”

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— 732.4015(2)(a) — 1 case

Aronson v. Aronson, 81 So. 3d 515 (Fla. 3d DCA 2012).

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