Florida Statute 725.01
“Promise to pay another's debt, etc.”
What it means
Florida's statute of frauds lists promises that are unenforceable unless the agreement, or some note or memorandum of it, is in writing and signed by the party to be charged: a special promise by an executor or administrator to pay estate debts out of her or his own estate; a promise to answer for the debt, default or miscarriage of another; agreements upon consideration of marriage; contracts for the sale of lands or any uncertain interest in them; leases longer than 1 year; and agreements not to be performed within 1 year.
It also bars actions against licensed health care providers on any guarantee, warranty, or assurance of the results of a medical, surgical, or diagnostic procedure.
- A personal representative's promise to pay estate debts from his or her own pocket is unenforceable unless written and signed.
- Contracts for the sale of lands, or any uncertain interest in them, require a signed writing.
- So do leases over 1 year and agreements not performable within 1 year.
- Promises to answer for another person's debt or default must be in writing.
- Oral guarantees of medical results by licensed physicians, chiropractors, podiatrists, or dentists are not actionable.
How it plays out
“She always said the house would be mine” is the sentence that brings §725.01 into probate. An oral promise to convey land fails the statute of frauds, and an oral promise to leave property at death fails §732.701 on top of it — that agreement needs a signed writing with two witnesses. The first limb protects personal representatives too: creditors sometimes press a grieving family member to personally promise payment, and the law makes that promise unenforceable unless written and signed. We put estate agreements in writing; the statute leaves no room for the sincere oral version.
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