Florida Statute 406.56
“Acceptance of human remains under will”
What it means
Florida Statute 406.56 covers remains left to the anatomical board by will. If a person of sound mind executes a will leaving his or her remains to the anatomical board for medical education or research, and the person dies within the geographical limits of the state, the board may accept and receive the remains.
Two limits appear in the text. The gift is made by will, and acceptance is permissive: the board may accept, not must. A death outside Florida falls outside the section.
- A person of sound mind may leave remains to the anatomical board by will for medical education or research (§ 406.56).
- The section applies when the person dies within the geographical limits of the state (§ 406.56).
- The board may accept and receive the remains; the section does not require acceptance (§ 406.56).
Text of the statute (2026)
If any person of sound mind executes a will leaving his or her remains to the anatomical board for medical education or research and the person dies within the geographical limits of the state, the anatomical board may accept and receive the person’s remains.
(e) Executing a will that includes a provision indicating that the testator wishes to make an anatomical gift. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift is nevertheless valid to the extent that it has been acted upon in good faith.
Excerpts are the subsections the summary relies on. Read the full official text of § 406.56.
History. s. 10, ch. 28163, 1953; ss. 15, 35, ch. 69-106; s. 6, ch. 96-251; s. 11, ch. 2013-138.
How it applies
A will is one of the methods for making an anatomical gift. Under § 765.514(1)(e), a gift in a will becomes effective on the testator's death without waiting for probate. Section 406.56 is the anatomical board's own provision for remains left to it by will.
Acceptance is discretionary, and the section applies only to a death within Florida. Other recognized methods of making an anatomical gift, including a donor card or a signed and witnessed document, are listed in § 765.514(1).
Questions people ask
Sources
- Fla. Stat. § 406.56 (2026) (“the anatomical board may accept and receive the person’s remains”)
- Fla. Stat. § 765.514 (2026) (Manner of making anatomical gifts; a gift in a will is effective on death (subsection (1)(e)).)
Last checked: October 17, 2026
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