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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.701

“Agreements concerning succession”

What it means

Section 732.701 sets the formalities for agreements about wills and devises. An agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise is binding and enforceable only if it is in writing and signed by the agreeing party in the presence of two attesting witnesses (subsection (1)).

Subsection (1) also provides that an agreement executed by a nonresident of Florida is valid in Florida if it was valid when executed under the laws of the state or country where it was executed, whether or not the agreeing party is a Florida resident at death.

Subsection (2): executing a joint will or mutual wills neither creates a presumption of a contract to make a will nor a presumption of a contract not to revoke the will or wills.

— What it says
  • Covers agreements to make a will or devise, not to revoke one, and not to make one (§ 732.701(1)).
  • Formalities: a writing signed by the agreeing party in the presence of two attesting witnesses (§ 732.701(1)).
  • An agreement executed by a nonresident is valid in Florida if valid under the law where it was executed (§ 732.701(1)).
  • Residency at death is not a condition for a valid nonresident agreement (§ 732.701(1)).
  • Joint wills or mutual wills create no presumption of a contract to make, or not to revoke, a will (§ 732.701(2)).

Text of the statute (2026)

§ 732.701(1)
(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
§ 732.701(2)
(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.701.

History. s. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226.

— In a Florida probate

How it applies

An agreement that is oral, or written but not signed by the agreeing party before two attesting witnesses, is not binding or enforceable under subsection (1). Under subsection (2), signing a joint will or mutual wills does not by itself create a presumption of a contract to make a will or not to revoke it. Whether a particular agreement exists and meets the signing and witnessing requirements is decided on the documents and the evidence in the proceeding.

Where this shows up

Pages on this site where § 732.701 does real work:

Questions people ask

Is a verbal promise to leave someone property enforceable in Florida?
Not under § 732.701(1). An agreement to make a will or give a devise, or not to revoke one, is binding and enforceable only if it is in writing and signed by the agreeing party in the presence of two attesting witnesses.
Do mutual wills create a binding contract not to change the will in Florida?
Not by themselves. Under § 732.701(2), executing a joint will or mutual wills neither creates a presumption of a contract to make a will nor a presumption of a contract not to revoke the will or wills.

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 § 732.701

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

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