Title XLII, Estates and Trusts

(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 t…

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.

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.

If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution or the execution of a codicil republishing it with the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. 7…

(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 …

(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 …

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 fr…

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 …

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 th…

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.

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.

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 rec…

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…

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…

(1) To serve as a qualified custodian of an electronic will, a person must be:(a) Domiciled in and a resident of this state; or(b) Incorporated, organized, or have its principal place of business in this state.(2) A qualified custodian shall:(a) In the course of maintaining custo…

(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 be…

(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 p…

(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…

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 …

(1) Unless a contrary intent appears in the will, if a devisee who is a grandparent, or a descendant of a grandparent, of the testator:(a) Is dead at the time of the execution of the will;(b) Fails to survive the testator; or(c) Is required by the will or by operation of law to b…

(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 reaso…

(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 secur…

(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…

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 prope…

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.…

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 …

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.

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…

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. 2…

(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 witnes…

(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, …

(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 homes…

(1) As used in this section, unless the context requires otherwise, the term:(a) “Asset,” when not modified by other words or phrases, means an asset described in subsection (3), except as provided in paragraph (4)(j).(b) “Beneficiary” means any person designated in a governing i…

(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 decede…

(1) A surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the decedent or another person on whose…

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 co…

(1) A surviving spouse who is found to have procured a marriage to the decedent by fraud, duress, or undue influence is not entitled to any of the following rights or benefits that inure solely by virtue of the marriage or the person’s status as surviving spouse of the decedent u…

(1) Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the pe…

(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 tes…