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: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: 9 set forth in section 732.502, Florida Statutes (2000), “in order to create a…strictly comply with the requirements of section 732.502. An improperly attested will may not be admitted…2d 168 (Fla. 3d DCA 1979) (noting that section 732.502(1), Florida Statutes (1975), provides that the

MARGOT M. CAVEGLIA and CHRISTOPHER CAVEGLIA v. DIANA HEINEN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-07T23:53:00-08:00

Snippet: holographic wills executed by non- residents. Section 732.502(2), Florida Statutes (2019), states: Any…was not executed with the formalities of section 732.502(1), it cannot be probated as a will in Florida,…, with the requisite formalities under section 732.502(1), and then wrote a holographic will in Belgium… 4 compliance with section 732.502, Florida Statutes, and thus was invalid as a will… force or effect under Florida law”) (citing § 732.502(2), Fla. Stat. (1995)); Lee v. Est. of Payne, 148

MATTHIAS MORROW v. JOHN WESTLY MORROW

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: decedent, Bunny Lee Morrow, as violative of section 732.502, Florida Statutes (2018). On appeal, appellant…witnesses, and a notary, along with a notary seal. § 732.502(1), Fla. Stat. (“Every will must be in writing …testator and in the presence of each other.”); § 732.502(2), Fla. Stat. (“A will in the testator’s handwriting

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-25T00:53:00-07:00

Snippet: provisions in the execution of wills. See § 732.502, Florida Statutes (2018). The “will must …testator and in the presence of each other.” § 732.502, Fla. Stat. (2018). The probate of a will

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-18T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: statutory provisions in the execution of wills. See § 732.502, Florida Statutes (2018). The “will must be in …testator and in the presence of each other.” § 732.502, Fla. Stat. (2018). The probate of a will signifies

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

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

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

Bitetzakis v. Bitetzakis

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-01T00:00:00-08:00

Citation: 264 So. 3d 297

Snippet: compliance with section 732.502, Florida Statutes. Id. (emphasis added). Section 732.502(1)(a) dictates that…compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent, George …the statutory formalities set forth in section 732.502. Pertinent to this appeal, Alice Bitetzakis specifically…document was signed in compliance with [ section] 732.502.... I'm also finding that the testator'…fails to conform to the requirements of section 732.502 because the decedent did not sign at the end of

Bitetzakis v. Bitetzakis

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-01T00:00:00-08:00

Citation: 264 So. 3d 297

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-31T23:53:00-08:00

Snippet: compliance with section 732.502, Florida Statutes. Id. (emphasis added). Section 732.502(1)(a) dictates that…compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent…the statutory formalities set forth in section 732.502. Pertinent to this appeal, Alice Bitetzakis specifically…signed in compliance with [section] 732.502 . . . . I'm also finding that the testator&…fails to conform to the requirements of section 732.502 because the decedent did not sign at the end of

Rizk v. Rizk

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-03T23:53:00-08:00

Snippet: deathbed – which is not valid in Florida, per section 732.502(2) of the Florida Statutes. By definition, a nuncupative…will as one of its beneficiaries. Section 732.502(2) provides, in pertinent part: “Any will, other…state or country where the will was executed.” § 732.502(2), Fla. Stat. (2013). Appellee provided sufficient

Rizk v. Rizk

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-04T00:53:00-07:00

Kelly v. Lindenau

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-17T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-09-30T00:00:00-07:00

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

Snippet: of notarial wills executed by non-residents); § 732.502(2), Fla. Stat. (20Í3) (settling that wills executed…executed.” (Emphasis added.)). . See generally § 732.502(1), Fla. Stat. (2013) (requiring that wills be

Arlyne Beth Helfenbein v. Estelle Baval

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

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

Snippet: comply with section 732.502. In order to properly execute a will under section 732.502, “[t]he attesting…2007 Will was executed in conformity with section 732.502, Florida Statutes (2007). 2 *533…will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution…the will is already in compliance with section 732.502 before turning to section 732.503(1). Murray Adler…the will ... in the presence of each other.” § 732.502(1)(c), Fla. Stat. (2007). Adler’s allegation that

Aldrich v. Basile

Court: Fla. | Date Filed: 2014-03-27T00:00:00-07:00

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… testator along with two attesting witnesses); 732.502(5), Fla. Stat. (2004) (codicil must be executed

Lee v. Estate Payne

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-18T00:00:00-07:00

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…to be signed by the testator and two witnesses: 732.502. Execution of wills.— Every will must be in writing… admitting the will to probate because section 732.502(2) does not recognize holographic wills, even if…decedent’s descendants). Ms. Lee argues that section 732.502(2) unconstitutionally restrains a testator’s right…overly paternalistic statutory choices, section 732.502 focuses not on the testator’s choices in making

Glenn v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-20T00:00:00-07:00

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: Fla. | Date Filed: 2010-09-02T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-03-06T00:00:00-08:00

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