reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.502 - Execution of wills.

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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.503 - Self-proof of will.

732.503 Self-proof of will.—
(1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer’s certificate attached to or following the will, in substantially the following form:
STATE OF
COUNTY OF
I,    , declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.
Testator
We,    and   , have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.
Witness
Witness
Acknowledged and subscribed before me by means of ☐ physical presence or ☐ online notarization by the testator,   (type or print testator’s name)  , who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, and sworn to and subscribed before me by each of the following witnesses:   (type or print name of first witness)   who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, by means of ☐ physical presence or ☐ online notarization; and   (type or print name of second witness)   who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, by means of ☐ physical presence or ☐ online notarization. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on   (date)  .
(Signature of Officer)
(Print, type, or stamp commissioned name and affix official seal)
(2) A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section.
History.—s. 1, ch. 74-106; s. 21, ch. 75-220; s. 12, ch. 77-87; s. 8, ch. 93-62; s. 962, ch. 97-102; s. 18, ch. 98-246; s. 43, ch. 2001-226; s. 5, ch. 2021-205.
Note.—Created from former s. 731.071.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.504 - Who may witness.

732.504 Who may witness.—
(1) Any person competent to be a witness may act as a witness to a will.
(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.
History.—s. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, ch. 79-400.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.505 - Revocation by writing.

732.505 Revocation by writing.—A will or codicil, or any part of either, is revoked:
(1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency.
(2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.
History.—s. 1, ch. 74-106; s. 23, ch. 75-220; s. 13, ch. 77-87; s. 269, ch. 79-400; s. 44, ch. 2001-226.
Note.—Created from former ss. 731.12, 731.13.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.506 - Revocation by act.

732.506 Revocation by act.—A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. An electronic will or codicil is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence.
History.—s. 1, ch. 74-106; s. 23, ch. 75-220; s. 963, ch. 97-102; s. 31, ch. 2019-71.
Note.—Created from former s. 731.14.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.507 - Effect of subsequent marriage, birth, adoption, or dissolution of marriage.

732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.
(2) Any provision of a will that affects the testator’s spouse is void upon dissolution of the marriage of the testator and the spouse, whether the marriage occurred before or after the execution of such will. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage.
(a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.
(b) This subsection does not invalidate a provision of a will:
1. Executed by the testator after the dissolution of the marriage;
2. If there is a specific intention to the contrary stated in the will; or
3. If the dissolution of marriage judgment expressly provides otherwise.
(3) This section applies to wills of decedents who die on or after June 29, 2021.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 90-23; s. 45, ch. 2001-226; s. 14, ch. 2007-74; ss. 2, 45, ch. 2021-183.
Note.—Created from former ss. 731.10, 731.101, 731.11.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.508 - Revival by revocation.

732.508 Revival by revocation.—
(1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will is in existence at the date of the revocation of the subsequent will.
(2) The revocation of a codicil to a will does not revoke the will, and, in the absence of evidence to the contrary, it shall be presumed that in revoking the codicil the testator intended to reinstate the provisions of a will or codicil that were changed or revoked by the revoked codicil, as if the revoked codicil had never been executed.
History.—s. 1, ch. 74-106; s. 25, ch. 75-220.
Note.—Created from former s. 731.15.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.509 - Revocation of codicil.

732.509 Revocation of codicil.—The revocation of a will revokes all codicils to that will.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
Note.—Created from former s. 731.16.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.5105 - Republication of wills by codicil.

732.5105 Republication of wills by codicil.—The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
Note.—Created from former s. 731.17.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.511 - Republication of wills by reexecution.

732.511 Republication of wills by reexecution.—If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the formalities required by this law for the execution of wills.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
Note.—Created from former s. 731.18.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.512 - Incorporation by reference.

732.512 Incorporation by reference.—
(1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(2) A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will or trust by another person is such an event.
History.—s. 1, ch. 74-106; s. 27, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.513 - Devises to trustee.

732.513 Devises to trustee.—
(1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will.
(2) The devise shall not be invalid for any or all of the following reasons:
(a) Because the trust is amendable or revocable, or both, by any person.
(b) Because the trust has been amended or revoked in part after execution of the will or a codicil to it.
(c) Because the only res of the trust is the possible expectancy of receiving, as a named beneficiary, a devise under a will or death benefits as described in s. 733.808, and even though the testator or other person has reserved any or all rights of ownership in the death benefit policy, contract, or plan, including the right to change the beneficiary.
(d) Because of any of the provisions of s. 689.075.
(3) The devise shall dispose of property under the terms of the instrument that created the trust as previously or subsequently amended.
(4) An entire revocation of the trust by an instrument in writing before the testator’s death shall invalidate the devise or bequest.
(5) Unless the will provides otherwise, the property devised shall not be held under a testamentary trust of the testator but shall become a part of the principal of the trust to which it is devised.
History.—s. 1, ch. 74-106; s. 3, ch. 75-74; s. 113, ch. 75-220; s. 2, ch. 88-340; s. 46, ch. 2001-226; s. 32, ch. 2006-217.
Note.—Created from former s. 736.17.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.514 - Vesting of devises.

732.514 Vesting of devises.—The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests.
History.—s. 1, ch. 74-106; ss. 28, 113, ch. 75-220; s. 964, ch. 97-102; s. 47, ch. 2001-226.
Note.—Created from former ss. 731.21 and 733.102.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.515 - Separate writing identifying devises of tangible property.

732.515 Separate writing identifying devises of tangible property.—A written statement or list referred to in the decedent’s will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each prior writing.
History.—s. 1, ch. 74-106; s. 29, ch. 75-220; s. 48, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.5165 - Effect of fraud, duress, mistake, and undue influence.

732.5165 Effect of fraud, duress, mistake, and undue influence.—A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.
History.—s. 31, ch. 75-220; s. 6, ch. 2011-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.517 - Penalty clause for contest.

732.517 Penalty clause for contest.—A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.518 - Will contests.

732.518 Will contests.—An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator.
History.—s. 17, ch. 92-200; s. 7, ch. 2011-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.521 - Definitions.

732.521 Definitions.—As used in ss. 732.521-732.525, the term:
(1) “Audio-video communication technology” has the same meaning as provided in s. 117.201.
(2) “Electronic record” has the same meaning as provided in s. 668.50.
(3) “Electronic signature” means an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to sign the record.
(4) “Electronic will” means a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will.
(5) “Online notarization” has the same meaning as provided in s. 117.201.
(6) “Online notary public” has the same meaning as provided in s. 117.201.
(7) “Qualified custodian” means a person who meets the requirements of s. 732.524(1).
(8) “Secure system” means a system that satisfies the requirements of a secure repository qualified to retain electronic journals of online notaries public in accordance with s. 117.245 and any rules established under part II of chapter 117.
History.—s. 32, ch. 2019-71; s. 6, ch. 2021-205.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.522 - Method and place of execution.

732.522 Method and place of execution.—For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code:
(1) Any requirement that an instrument be signed may be satisfied by an electronic signature.
(2) Any requirement that individuals sign an instrument in the presence of one another may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology that meets the requirements of part II of chapter 117 and any rules adopted thereunder, if:
(a) The individuals are supervised by a notary public in accordance with s. 117.285;
(b) The individuals are authenticated and signing as part of an online notarization session in accordance with s. 117.265;
(c) The witness hears the signer make a statement acknowledging that the signer has signed the electronic record; and
(d) The signing and witnessing of the instrument complies with the requirements of s. 117.285.
(3) Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s. 732.502.
(4) An instrument that is signed electronically is deemed to be executed in this state if the instrument states that the person creating the instrument intends to execute and understands that he or she is executing the instrument in, and pursuant to the laws of, this state.
History.—s. 33, ch. 2019-71.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.523 - Self-proof of electronic will.

732.523 Self-proof of electronic will.—An electronic will is self-proved if:
(1) The acknowledgment of the electronic will by the testator and the affidavits of the witnesses are made in accordance with s. 732.503 and are part of the electronic record containing the electronic will, or are attached to, or are logically associated with, the electronic will;
(2) The electronic will designates a qualified custodian;
(3) The electronic record that contains the electronic will is held in the custody of a qualified custodian at all times before being offered to the court for probate; and
(4) The qualified custodian who has custody of the electronic will at the time of the testator’s death certifies under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s. 732.524 and that the electronic will has not been altered in any way since the date of its execution.
History.—s. 34, ch. 2019-71.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.525 - Liability coverage; receivership of qualified custodians.

732.525 Liability coverage; receivership of qualified custodians.—
(1) A qualified custodian shall:
(a) Post and maintain a blanket surety bond of at least $250,000 to secure the faithful performance of all duties and obligations required under this part. The bond must be made payable to the Governor and his or her successors in office for the benefit of all persons who store electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs, and be conditioned on the faithful performance of all duties and obligations under this chapter. The terms of the bond must cover the acts or omissions of the qualified custodian and each agent or employee of the qualified custodian; or
(b) Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian. The policy must cover losses of at least $250,000 in the aggregate.
(2) The Attorney General may petition a court of competent jurisdiction for the appointment of a receiver to manage the electronic records of a qualified custodian for proper delivery and safekeeping if any of the following conditions exist:
(a) The qualified custodian is ceasing operation;
(b) The qualified custodian intends to close the facility and adequate arrangements have not been made for proper delivery of the electronic records in accordance with this part;
(c) The Attorney General determines that conditions exist which present a danger that electronic records will be lost or misappropriated; or
(d) The qualified custodian fails to maintain and post a surety bond or maintain insurance as required in this section.
History.—s. 36, ch. 2019-71.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part V - Wills (Ss. 732.501-732.526) › 732.526 - Probate.

732.526 Probate.—
(1) An electronic will that is filed electronically with the clerk of the court through the Florida Courts E-Filing Portal is deemed to have been deposited with the clerk as an original of the electronic will.
(2) A paper copy of an electronic will which is certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will.
History.—s. 37, ch. 2019-71.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.6005 - Rules of construction and intention.

732.6005 Rules of construction and intention.—
(1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will.
(2) Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.
History.—s. 1, ch. 74-106; ss. 33, 35, ch. 75-220; s. 965, ch. 97-102; s. 49, ch. 2001-226.
Note.—Created from former ss. 732.41 and 732.602.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.601 - Simultaneous Death Law.

732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:
(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.
(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.
(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.
(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
History.—s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.
Note.—Created from former s. 736.05.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.604 - Failure of testamentary provision.

732.604 Failure of testamentary provision.—
(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 968, ch. 97-102; s. 52, ch. 2001-226; s. 29, ch. 2003-154; s. 34, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.605 - Change in securities; accessions; nonademption.

732.605 Change in securities; accessions; nonademption.—
(1) If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to:
(a) As much of the devised securities as is a part of the estate at the time of the testator’s death.
(b) Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options.
(c) Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity.
(d) Securities of the same entity acquired as a result of a plan of reinvestment.
(2) Distributions before death with respect to a specifically devised security, whether in cash or otherwise, which are not provided for in subsection (1) are not part of the specific devise.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 53, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.606 - Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.

732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.—
(1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. The right of the specific devisee under this subsection is reduced by any right described in subsection (2).
(2) A specific devisee has the right to the remaining specifically devised property and:
(a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest.
(b) Any amount of a condemnation award for the taking of the property unpaid at death.
(c) Any proceeds unpaid at death on fire or casualty insurance on the property.
(d) Property owned by the testator at death as a result of foreclosure, or obtained instead of foreclosure, of the security for the specifically devised obligation.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 969, ch. 97-102; s. 54, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.607 - Exercise of power of appointment.

732.607 Exercise of power of appointment.—A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the property subject to the power.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.608 - Construction of terms.

732.608 Construction of terms.—The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 10, ch. 2010-132.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.609 - Ademption by satisfaction.

732.609 Ademption by satisfaction.—Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of part satisfaction, property given during the testator’s lifetime is valued at the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.611 - Devises to multigeneration classes to be per stirpes.

732.611 Devises to multigeneration classes to be per stirpes.—Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 35, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.615 - Reformation to correct mistakes.

732.615 Reformation to correct mistakes.—Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.
History.—s. 3, ch. 2011-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VI - Rules of Construction (Ss. 732.6005-732.616) › 732.616 - Modification to achieve testator’s tax objectives.

732.616 Modification to achieve testator’s tax objectives.—Upon application of any interested person, to achieve the testator’s tax objectives the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intent. The court may provide that the modification has retroactive effect.
History.—s. 4, ch. 2011-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703) › 732.701 - Agreements concerning succession.

732.701 Agreements concerning succession.—
(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.
History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226.
Note.—Created from former s. 731.051.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703) › 732.702 - Waiver of spousal rights.

732.702 Waiver of spousal rights.—
(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.
(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.
(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.
History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703) › 732.7025 - Waiver of homestead rights through deed.

732.7025 Waiver of homestead rights through deed.—
(1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. X of the State Constitution if the following or substantially similar language is included in a deed:
“By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.”
(2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owner’s spouse.
History.—s. 1, ch. 2018-22.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VIII - General Provisions (Ss. 732.802-732.806) › 732.802 - Killer not entitled to receive property or other benefits by reason of victim’s death.

732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.—
(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.
(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents.
(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.
(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.
(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.
Note.—Created from former s. 731.31.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part VIII - General Provisions (Ss. 732.802-732.806) › 732.804 - Provisions relating to disposition of the body.

732.804 Provisions relating to disposition of the body.—Before issuance of letters, any person may carry out written instructions of the decedent relating to the decedent’s body and funeral and burial arrangements. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against any person acting or relying on that direction.
History.—s. 1, ch. 74-106; s. 43, ch. 75-220; s. 971, ch. 97-102; s. 58, ch. 2001-226.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part IX - Production of Wills (S. 732.901) › 732.901 - Production of wills.

732.901 Production of wills.—
(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.
(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.
(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.
(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.
(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.
History.—s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.
Note.—Created from former s. 732.22.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.101 - Venue of probate proceedings.

733.101 Venue of probate proceedings.—
(1) The venue for probate of wills and granting letters shall be:
(a) In the county in this state where the decedent was domiciled.
(b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located.
(c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.
(2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state.
(3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue.
History.—s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226.
Note.—Created from former s. 732.06.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.103 - Effect of probate.

733.103 Effect of probate.—
(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.
(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226.
Note.—Created from former s. 732.26.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.104 - Suspension of statutes of limitation in favor of the personal representative.

733.104 Suspension of statutes of limitation in favor of the personal representative.—
(1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.
(2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.
Note.—Created from former s. 734.27.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 733 - Probate Code: Administration of Estates › Part I - General Provisions (Ss. 733.101-733.109) › 733.105 - Determination of beneficiaries.

733.105 Determination of beneficiaries.—
(1) When property passes by intestate succession or the will is unclear and there is doubt about:
(a) Who is entitled to receive any part of the property, or
(b) The shares and amounts that any person is entitled to receive,
any interested person may petition the court to determine beneficiaries or their shares.
(2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected.
(3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226.
Note.—Created from former s. 734.25.