Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
Wondering whether a revocable living Trust fits your situation? A free role check points you to the right next step.
Start the free role checkWhat a revocable living Trust is
A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.
What it does well in Florida
- Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
- Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court guardianship.
- Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
- Lets you stay in control — you can amend or revoke it anytime while you have capacity.
What a revocable living Trust does NOT do
Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Florida attorney.
The step people miss: funding the Trust
A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Florida attorney.
Is a revocable living Trust right for you in Florida?
There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can point you to the right next step, and a Florida attorney can recommend what fits your situation.
What it costs — and what it saves
An attorney-drafted Florida revocable trust package commonly runs about $1,500–$3,000 (less with guided software), plus the work of funding it. Set that against what it avoids: Florida probate fees are tied to the size of the estate under the §733.6171 attorney-fee schedule, so for many families the trust costs less than the probate it prevents — see the numbers.
Who a Florida revocable trust fits
It tends to make the most sense if you own real estate (especially in more than one state — a trust avoids a second “ancillary” probate for out-of-state owners), value privacy, want a built-in plan for incapacity, or want to control how and when beneficiaries inherit. A simpler estate may be well served by a will plus beneficiary designations. Not sure? Take the will-or-trust quiz. Remember the trust does not override Florida homestead or the spousal elective share.
Related reading
- Florida will vs. revocable living Trust →
- What a living trust costs in Florida →
- How to fund a Florida living trust →
- How to avoid probate in Florida →
- The Florida irrevocable trust →
- Florida Estate Planning overview →
General information about Florida law, not legal advice.
Frequently asked questions
- What does "revocable" mean in a Florida living trust?
- It means you can change or cancel the trust at any time while you have capacity. That flexibility is also why a revocable trust does not protect assets from your creditors — because you still control them. General information, not legal advice.
- Does a revocable living trust avoid probate in Florida?
- Generally yes, for assets properly transferred (funded) into the trust. Assets left outside the trust may still go through probate, which is why a pour-over will is commonly used as a backstop.
- Does a revocable living trust save on taxes in Florida?
- Generally not by itself. Florida has no state estate or inheritance tax, and a revocable trust does not reduce federal estate tax on its own. Tax planning is a separate question for a Florida attorney or tax advisor.
- Do I need to "fund" my Florida revocable living trust?
- Yes — a trust only controls assets retitled into its name. Funding the trust (with a pour-over will as a backstop) is what makes it work; a Florida attorney can help confirm it is done correctly.
- How much does a revocable living trust cost in Florida?
- An attorney-drafted trust package commonly runs about $1,500–$3,000 for an individual (more for couples or complex estates), and guided software costs a fraction of that. Weigh it against the probate cost a trust avoids — Florida probate attorney fees follow a statutory schedule (§733.6171) that scales with the estate.
- Should I put my Florida home in a revocable living trust?
- Often yes — it can keep the home out of probate, and the homestead tax exemption can usually be preserved. But Florida homestead carries special creditor and inheritance rules, so the deed into the trust should be drafted with those in mind. Confirm with a licensed Florida attorney before recording.
General information about Florida law, not legal advice.