Chapter 732 — Wills & Intestate Succession

Florida Statute 732.504

“Who may witness”

What it means

Any person competent to be a witness may act as a witness to a will. (§ 732.504(1))

A will or codicil, or any part of either, is not invalid because it is signed by an interested witness. (§ 732.504(2)) A gift to a witness who is also a beneficiary is therefore not made invalid by that witness's signature.

The witnessing requirements themselves, at least two attesting witnesses who sign in the presence of the testator and of each other, are in § 732.502(1).

— What it says

Any person competent to be a witness may witness a will (§ 732.504(1)).
A will or codicil is not invalid because an interested witness signed it (§ 732.504(2)).
The rule covers any part of the will or codicil, not only the instrument as a whole (§ 732.504(2)).
Number and manner of witnessing: two attesting witnesses signing in the presence of the testator and of each other (§ 732.502(1)(b), (c)).

Text of the statute (2026)

§ 732.504

(1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.504.

History. s. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, ch. 79-400.

— In a Florida probate

How it applies

This section adds no age, residency, or disinterest requirement for a witness beyond competence to be a witness. A beneficiary who signs as a witness does not by that act make the will, a codicil, or any part of either invalid. Whether a particular witness was present and signed as § 732.502(1) requires remains a separate question, as does any challenge on a ground listed in § 732.5165, such as undue influence.

Where this shows up

Pages on this site where § 732.504 does real work:

Related sections

§ 732.502Execution of wills § 732.503Self-proof of will § 732.5165Effect of fraud, duress, mistake, and undue influence § 732.501Who may make a will § 733.107Burden of proof in contests; presumption of undue influence

Questions people ask

Can a beneficiary be a witness to a will in Florida?

As to validity, yes. Section 732.504(2) says a will or codicil, or any part of either, is not invalid because an interested witness signed it. The witnesses must still meet the signing requirements of § 732.502(1).

Sources

Fla. Stat. § 732.504 (2026), Online Sunshine / Florida Senate (Subsection (2): is not invalid because the will or codicil is signed by an interested witness)

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 § 732.504

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