Florida Statute 732.502 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 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 Citing Statute 732.502

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

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

MARGOT M. CAVEGLIA and CHRISTOPHER CAVEGLIA v. DIANA HEINEN

Court: District Court of Appeal of Florida | Date Filed: 2023-03-08

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

MATTHIAS MORROW v. JOHN WESTLY MORROW

Court: District Court of Appeal of Florida | Date Filed: 2023-02-08

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

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH

Court: District Court of Appeal of Florida | Date Filed: 2022-05-25

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-05-18

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2020-01-16

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

Bitetzakis v. Bitetzakis

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

Citation: 264 So. 3d 297

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

Bitetzakis v. Bitetzakis

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

Citation: 264 So. 3d 297

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

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

Rizk v. Rizk

Court: District Court of Appeal of Florida | Date Filed: 2018-12-04

Citation: 260 So. 3d 467

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

Rizk v. Rizk

Court: District Court of Appeal of Florida | Date Filed: 2018-11-04

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

Kelly v. Lindenau

Court: District Court of Appeal of Florida | Date Filed: 2017-05-17

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

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

Malleiro v. Mori

Court: District Court of Appeal of Florida | Date Filed: 2015-09-30

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

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

Arlyne Beth Helfenbein v. Estelle Baval

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 157 So. 3d 531, 2015 Fla. App. LEXIS 2161

Snippet: 2007 Will was executed in conformity with section 732.502, Florida Statutes (2007). 2 *533

Aldrich v. Basile

Court: Supreme Court of Florida | Date Filed: 2014-03-27

Citation: 136 So. 3d 530, 39 Fla. L. Weekly Supp. 159, 2014 WL 1240073, 2014 Fla. LEXIS 1027

Snippet: predeceased siblings survive her.” Id. . See §§ 732.502(l)(b) Fla. Stat. (2004) (requiring signature of

Lee v. Estate Payne

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

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

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

Glenn v. Roberts

Court: District Court of Appeal of Florida | Date Filed: 2012-06-20

Citation: 95 So. 3d 271, 2012 WL 2327756, 2012 Fla. App. LEXIS 9850

Snippet: that a will be in writing. See §§ 731.201(36), 732.502, Fla. Stat. (2002). Roberts asserted that, as a

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-02

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

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

Price v. Abate

Court: District Court of Appeal of Florida | Date Filed: 2009-03-06

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

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