Chapter 732 — Wills & Intestate Succession

Florida Statute 732.501

“Who may make a will”

What it means

Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. (§ 732.501)

The section sets two requirements: mental capacity (sound mind) and age (18, or emancipated minor status). It does not define "sound mind" or describe how capacity is proved. The formalities for signing and witnessing are in § 732.502, and grounds for voiding a will after execution, including fraud, duress, mistake, and undue influence, are in § 732.5165. The burden of proof in a will contest is in § 733.107(1).

— What it says

A person must be of sound mind to make a will (§ 732.501).
The person must be 18 or more years of age or an emancipated minor (§ 732.501).
The statute does not define "sound mind" (§ 732.501).
Signing and witnessing requirements are separate: two attesting witnesses (§ 732.502(1)(b)).
In a will contest, the proponent first establishes prima facie formal execution; the contestant then bears the burden on the grounds of opposition (§ 733.107(1)).

Text of the statute (2026)

§ 732.501

Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.501.

History. s. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226.

— In a Florida probate

How it applies

This section is the threshold test for who may make a will. It is separate from the signing formalities in § 732.502 and from the grounds for voiding a will in § 732.5165. In a contest, the proponent first establishes formal execution and attestation, and the contestant then has the burden of establishing the grounds on which probate is opposed (§ 733.107(1)). The statute states the capacity standard as "sound mind" and leaves its application to the court on the facts of each case.

Where this shows up

Pages on this site where § 732.501 does real work:

Related sections

§ 732.502Execution of wills § 732.5165Effect of fraud, duress, mistake, and undue influence § 732.503Self-proof of will § 732.504Who may witness § 733.107Burden of proof in contests; presumption of undue influence

Questions people ask

Can someone with dementia make a will in Florida?

Section 732.501 requires that the person be of sound mind and either 18 or older or an emancipated minor. It does not list any diagnosis as disqualifying and does not define "sound mind"; whether the requirement was met is a question for the court.

Sources

Fla. Stat. § 732.501 (2026), Online Sunshine / Florida Senate (Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.)
Fla. Stat. § 733.107 (2026), Online Sunshine / Florida Senate (Burden of proof in a will contest: the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought)

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 732.501

Published by the Probate.Help editorial team.How these pages are written and checked.