Florida Statute 725.01
“Promise to pay another’s debt, etc”
What it means
Florida's statute of frauds, s. 725.01, says no action may be brought on certain promises unless the agreement, or some note or memorandum of it, is in writing and signed by the party to be charged or by someone lawfully authorized to sign for that party.
The covered promises are: an executor's or administrator's special promise to pay a debt or damages out of her or his own estate; a special promise to answer for the debt, default, or miscarriage of another person; an agreement made upon consideration of marriage; a contract for the sale of lands, tenements, or hereditaments, or an uncertain interest in them; a lease for longer than 1 year; and an agreement not to be performed within 1 year of its making.
The same writing requirement applies to an action to charge a health care provider on a guarantee, warranty, or assurance as to the results of a medical, surgical, or diagnostic procedure performed by a physician licensed under chapter 458, an osteopathic physician under 459, a chiropractic physician under 460, a podiatric physician under 461, or a dentist under 466.
- An executor's or administrator's special promise to pay estate debts from her or his own estate needs a signed writing. (§ 725.01)
- A special promise to answer for another person's debt, default, or miscarriage needs a signed writing. (§ 725.01)
- A contract for the sale of lands or an uncertain interest in them needs a signed writing. (§ 725.01)
- A lease longer than 1 year, and an agreement not to be performed within 1 year, need a signed writing. (§ 725.01)
- Guarantees of medical, surgical, or diagnostic results by the listed licensed providers need a signed writing. (§ 725.01)
Text of the statute (2026)
No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements or hereditaments, or of any uncertain interest in or concerning them, or for any lease thereof for a period longer than 1 year, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or whereby to charge any health care provider upon any guarantee, warranty, or assurance as to the results of any medical, surgical, or diagnostic procedure performed by any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, or dentist licensed under chapter 466, unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized.
Excerpts are the subsections the summary relies on. Read the full official text of § 725.01.
History. s. 10, Nov. 15, 1828; RS 1995; GS 2517; RGS 3872; CGL 5779; s. 10, ch. 75-9; s. 933, ch. 97-102; s. 60, ch. 97-264; ss. 227, 294, ch. 98-166.
How it applies
Section 725.01 can arise in estate matters when a claim rests on an oral promise, such as a promise to convey land, a promise to answer for another person's debt, or a personal promise by a personal representative to pay estate debts. Agreements to make a will or give a devise are governed by s. 732.701, which separately requires a writing signed by the agreeing party in the presence of two attesting witnesses. Whether a particular writing is a sufficient note or memorandum is decided on the facts of each case.
Questions people ask
Sources
- Florida Statutes s. 725.01 (2026), Florida Senate (“No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate”)
- Florida Statutes s. 732.701 (2026), Florida Senate (Agreements concerning succession: “in writing and signed by the agreeing party in the presence of two attesting witnesses.”)
Last checked: October 17, 2026
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