Florida Statute 732.4015

“Devise of homestead”

What it means

As provided by the State Constitution, homestead is not subject to devise if the owner is survived by a spouse or a minor child. The exception: homestead may be devised to the owner's spouse if there is no minor child. (§ 732.4015(1))

Two definitions widen the rule. "Owner" includes the grantor of a trust described in § 733.707(3) that is evidenced by a written instrument in existence at the grantor's death, as if the trust interest were owned by the grantor. "Devise" includes a disposition by trust of the portion of the trust estate that would be the grantor's homestead if titled in the grantor's name. (§ 732.4015(2))

If an interest in homestead was devised to the surviving spouse as authorized by law and the constitution, and the spouse disclaims it, the disclaimed interest passes under chapter 739. (§ 732.4015(3))

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 732.4015.

History. s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102; s. 38, ch. 2001-226; s. 13, ch. 2007-74; s. 8, ch. 2010-132.

How it applies

Homestead that is not devised as the law allows descends in the same manner as other intestate property, with a life estate and remainder, or a one-half election, when a spouse and descendants survive (§ 732.401). This section applies to a devise by will and to a disposition by trust alike, so placing homestead in a trust the grantor can revoke does not change the result under subsection (2). A transfer made during life, without a retained power to revoke or revest, is treated separately under § 732.4017.

Where this shows up

Pages on this site where § 732.4015 does real work:

• Will vs. trust in Florida: what each does, how each is signed and what each avoids
• What Florida homestead protects: tax exemption, creditor protection and inheritance rules
• When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
• Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
• Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
• Selling an inherited Florida home: who can sign, probate steps, mortgage and taxes
• Lady bird deed in Florida: how an enhanced life estate deed works
• Will contest in Florida: grounds, deadlines and the 3-month objection period
• Probate vs trust administration in Florida: differences, steps and deadlines
• Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts

Related sections

Questions people ask

Sources

• Fla. Stat. § 732.4015 (2026), Online Sunshine / Florida Senate (Subsection (1): the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child)
• Fla. Stat. § 733.707 (2026), Online Sunshine / Florida Senate (Defines the trust in § 733.707(3): Any portion of a trust with respect to which a decedent who is the grantor has at the decedent’s death a right of revocation)
• Fla. Stat. § 732.401 (2026), Online Sunshine / Florida Senate (Descent of homestead that is not devised: the homestead shall descend in the same manner as other intestate property)

Last checked: October 17, 2026