Florida Statute 732.4017
“Inter vivos transfer of homestead property”
What it means
If the owner of homestead transfers an interest during life, including in trust, with or without consideration, the transfer is not a devise for purposes of § 731.201(10) or § 732.4015, and the interest does not descend under § 732.401, if the transferor does not retain a power, held in any capacity and acting alone or with another person, to revoke or revest the interest. (§ 732.4017(1))
A "transfer in trust" is a trust in which the transferor has no right of revocation as defined in § 733.707(3)(e). A power to alter beneficial enjoyment within a class of beneficiaries identified only in the trust instrument is not a right of revocation if it cannot be exercised in favor of the transferor, the transferor's creditors, the transferor's estate, or its creditors, or to discharge the transferor's legal obligations. (§ 732.4017(2))
A transfer is still not a devise if the transferor keeps a separate interest (such as a term of years, life estate, or reversion), if the interest becomes possessory only on a date certain or specified event, including the transferor's death, or if it is subject to divestment on such an event, as long as the event is not a power to revoke or revest. (§ 732.4017(3)) The Legislature intended the section to clarify existing law. (§ 732.4017(4))
- A lifetime transfer of homestead, including in trust, is not a devise under § 732.4015 (§ 732.4017(1)).
- This applies only if the transferor retains no power to revoke or revest the interest, alone or with another person (§ 732.4017(1)).
- A power to alter enjoyment within a class named only in the trust is not a right of revocation if it cannot benefit the transferor or the transferor's estate or creditors (§ 732.4017(2)).
- Keeping a life estate, term of years, reversion, or fractional fee interest does not make the transfer a devise (§ 732.4017(3)(a)).
- A possessory date tied to the transferor's death, or divestment tied to survival of the transferor, does not make it a devise (§ 732.4017(3)(b), (c)).
- The Legislature stated that the section clarifies existing law (§ 732.4017(4)).
Text of the statute (2026)
(1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does not descend as provided in s. 732.401 if the transferor fails to retain a power, held in any capacity, acting alone or in conjunction with any other person, to revoke or revest that interest in the transferor.
(2) As used in this section, the term “transfer in trust” refers to a trust under which the transferor of the homestead property, alone or in conjunction with another person, does not possess a right of revocation as that term is defined in s. 733.707(3)(e). A power possessed by the transferor which is exercisable during the transferor’s lifetime to alter the beneficial use and enjoyment of the interest within a class of beneficiaries identified only in the trust instrument is not a right of revocation if the power may not be exercised in favor of the transferor, the transferor’s creditors, the transferor’s estate, or the creditors of the transferor’s estate or exercised to discharge the transferor’s legal obligations. This subsection does not create an inference that a power not described in this subsection is a power to revoke or revest an interest in the transferor.
(3) The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if: (a) The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest; (b) The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or (c) The interest transferred is subject to divestment, expiration, or lapse upon a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, survival of the transferor.
(4) It is the intent of the Legislature that this section clarify existing law.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.4017.
History. s. 9, ch. 2010-132.
How it applies
Section 732.4015 restricts devises of homestead when a spouse or minor child survives. This section separates those devises from completed lifetime transfers. Whether a particular transfer qualifies depends on whether the transferor kept a power to revoke or revest the interest, tested under subsections (1) and (2) and the definition of "right of revocation" in § 733.707(3)(e). Retained interests listed in subsection (3), such as a life estate, do not by themselves count as such a power. A transfer that qualifies is not a devise, and the interest does not descend under § 732.401.
Where this shows up
Pages on this site where § 732.4017 does real work:
Questions people ask
Sources
- Fla. Stat. § 732.4017 (2026), Online Sunshine / Florida Senate (Subsection (1): the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015)
- Fla. Stat. § 733.707 (2026), Online Sunshine / Florida Senate (Defines "right of revocation" used in § 732.4017(2): a “right of revocation” is a power retained by the decedent, held in any capacity, to:)
Last checked: October 17, 2026
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