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Chapter 732 — Wills & Intestate Succession

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.

— What it says
  • 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)

§ 732.604(1)
(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.
§ 732.604(2)
(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.
§ 732.101(1)
(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.

— In a Florida probate

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

Where does a gift in a Florida will go if the beneficiary cannot take it?
Unless s. 732.603 substitutes the beneficiary's descendants, § 732.604(1) makes a failed non-residuary devise part of the residue, and § 732.604(2) passes a failed share of a multi-person residue to the other residuary devisees in proportion to their interests.
What happens if the only residuary beneficiary in a Florida will cannot take?
Section 732.604(2) applies where the residue is devised to two or more persons. Under s. 732.101(1), any part of the estate not effectively disposed of by will passes to the decedent's heirs, unless s. 732.603 substitutes the beneficiary's descendants.

Sources

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 § 732.604

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

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