Florida Statute 732.604
“Failure of testamentary provision”
What it means
Section 732.604 states where property goes when a devise in a will fails for any reason. Both rules begin with “except as provided in s. 732.603,” so the antilapse substitute gift applies first when it applies.
Subsection (1): a devise other than a residuary devise that fails becomes part of the residue. Subsection (2): if the residue is devised to two or more persons, the share of a residuary devisee that fails passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.
The section does not say what happens if the entire residue fails. Under s. 732.101(1), any part of the estate not effectively disposed of by will passes to the decedent's heirs.
- A failed non-residuary devise becomes part of the residue (§ 732.604(1)).
- Applies when a devise fails for any reason (§ 732.604(1)-(2)).
- A failed residuary share passes to the other residuary devisees, in proportion to each one's interest in the remaining residue (§ 732.604(2)).
- Both rules are subject to s. 732.603; the antilapse substitute gift applies first when it applies (§ 732.604(1)-(2)).
- Subsection (2) applies only where the residue is devised to two or more persons (§ 732.604(2)).
- Property not effectively disposed of by will passes to the decedent's heirs (§ 732.101(1)).
Text of the statute (2026)
(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.
(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.604.
History. s. 1, ch. 74-106; s. 113, ch. 75-220; s. 968, ch. 97-102; s. 52, ch. 2001-226; s. 29, ch. 2003-154; s. 34, ch. 2006-217.
How it applies
To trace a failed gift, start with s. 732.603: if the devisee is in the covered class and left surviving descendants, those descendants take. If not, a non-residuary devise becomes part of the residue, and a failed share of a residue devised to several persons goes to the other residuary devisees. Section 732.604 does not address a failed devise of the entire residue; s. 732.101(1) provides that any part of the estate not effectively disposed of by will passes to the decedent's heirs.
Where this shows up
Pages on this site where § 732.604 does real work:
Questions people ask
Sources
- Fla. Stat. § 732.604 (2026) (Entire section: subsections (1)-(2).)
- Fla. Stat. § 732.603 (2026) (Cross-referenced in subsections (1) and (2): the antilapse substitute gift applies first.)
- Fla. Stat. § 732.101 (2026) (Subsection (1): property not effectively disposed of by will passes to the decedent's heirs.)
Last checked: October 17, 2026
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