In short: In Florida, a promise to leave someone property by will, or not to change a will, is unenforceable unless it is written and signed before two attesting witnesses (§ 732.701). Real estate transfers need a witnessed writing too (§ 689.01). A caregiver may still claim the value of services, but as a creditor claim with short deadlines.
"Dad always said the house was mine." "She promised I’d be taken care of if I moved in." I hear it constantly. In Florida, those promises almost never survive probate on their own.
The Statute That Kills Verbal Promises
"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." (§ 732.701(1))
That is a high bar. A text message doesn’t meet it. A card that says "the house is yours" doesn’t meet it. A handshake doesn’t meet it.
The same section adds that a joint will or mutual wills, by themselves, do not create a presumption of a contract not to revoke (§ 732.701(2)).
Real Estate Needs a Witnessed Writing Too
Florida’s conveyance statute requires an interest in land to be created or transferred by a written instrument signed in the presence of two subscribing witnesses, unless by will (§ 689.01). The statute of frauds separately bars suits on oral contracts for the sale of land and agreements not to be performed within a year (§ 725.01).
What Is Left: Claims for What You Gave
If you can’t enforce the promise, you may still be able to recover the value of what you provided in reliance on it:
- Services. A caregiver who moved in and provided years of care may have a claim for the reasonable value of those services.
- Money. A child who paid the parent’s mortgage, taxes, or repairs may have a claim for reimbursement, or an equitable claim tied to the property.
- Equitable remedies. Unjust enrichment and constructive trust claims are fact-heavy and hard, but they exist.
Here is the catch: a claim against the decedent is a creditor claim. It must be filed in the probate case within the § 733.702 deadline (3 months after first publication of the notice to creditors, or 30 days after service on you), and everything is barred 2 years after death (§ 733.710). Families who spend that time arguing about "what Mom wanted" lose the claim they actually had.
If You Made the Promise
Put it in the documents. A will, a trust amendment, a lady bird deed, a beneficiary designation. If you want a binding contract about your estate plan, sign it in front of two witnesses. Promises that live only in conversation become lawsuits.
Watch: the videos behind this article
Is a Verbal Contract Binding in Florida Real Estate? | Florida Real Estate Attorney Explains
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments over promises: a daughter who says she cosigned her mother’s mortgage in exchange for promises that weren’t kept, and a dispute over enforcing an oral contract. An argument is not a ruling: read the written opinion before relying on any outcome.
She Cosigned Her Mother’s Mortgage. Now She’s in Court to Get What She Was Promised.
Enforcing Oral Contracts in Florida | Zurich v. Falcontrust | 3DCA 12-0287
Go Deeper
- The Lady Bird Deed: The Safest Way for Florida Parents to Leave the House to Their Kids
- Florida Probate Deadlines and Creditor Claims: Every Clock That Matters
- Fighting Over the House in Florida Probate
Frequently Asked Questions
Is a verbal promise of inheritance enforceable in Florida?
Generally no. Section 732.701 makes an agreement to make a will or leave a devise unenforceable unless it is in writing and signed by the person making it in the presence of two attesting witnesses.
My parent promised me the house. What can I do?
If there is no qualifying writing, the promise itself usually can’t be enforced. You may have a claim for the value of services or money you provided, but it must be filed as a creditor claim within the probate deadlines.
Can a caregiver make a claim against an estate in Florida?
A caregiver may claim the reasonable value of services, but it is a claim against the estate that must be filed within the § 733.702 deadline and is barred 2 years after death under § 733.710.
Do mutual wills create a contract in Florida?
No. Under § 732.701(2), executing a joint will or mutual wills does not create a presumption of a contract to make or not revoke a will.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for an inheritance dispute, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
