Last updated September 18, 2026
| Topic | Last will | Revocable living trust |
|---|---|---|
| Takes effect | At death, after the will is admitted to probate. | When signed; operates during life and after death. |
| Probate | The property the will governs passes through Florida probate administration. | Assets titled in the trust pass under the trust's terms without probate; assets left outside it still go through probate (a pour-over will catches them). |
| Incapacity | Does nothing during life; a durable power of attorney covers incapacity. | The successor trustee manages trust assets under the trust's terms if the grantor cannot. |
| Guardian for minor children | Only a will can nominate a guardian (Fla. Stat. § 744.312). | Cannot nominate a guardian; the plan's will does that. |
| Privacy | A will is filed with the court after death and becomes a public record. | A trust is generally not filed; its terms stay private. |
| Signing formalities | Signed at the end before two attesting witnesses; a notarized self-proving affidavit is optional (Fla. Stat. §§ 732.502, 732.503). | The testamentary aspects of a revocable trust must be executed with the formalities of a will (Fla. Stat. § 736.0403(2)(b)). |
| Funding | Nothing to fund; the will speaks to what you own at death. | Works only for assets retitled into it; funding is an ongoing task. |
| Homestead | Florida's constitution restricts how a homestead may pass when a spouse or minor child survives; the general rule is stated beside the question in every questionnaire here. | The same constitutional restrictions apply to homestead held in a revocable trust. |
| Changing it | By a new will or a codicil, signed with the same formalities. | By amendment or restatement while the grantor has capacity, as the trust provides. |
| Typical cost on this platform | Will-based plan from $199 (will, power of attorney, healthcare directive, HIPAA release). | Trust-based plan from $499 (everything in the will-based plan plus the revocable living trust). |
Reading the comparison
The two columns carry equal weight. For the full explanation of each row, see Florida will vs. revocable living trust and what a living trust costs in Florida. Whether either instrument fits your own situation is a question for a licensed Florida attorney of your choosing.
General legal information about Florida instruments — not legal advice, and not a substitute for the advice or services of an attorney. EstateDraftFL is software, not a law firm.
Frequently asked questions
Do I need a will or a trust in Florida?
That is a judgment about your own situation, and under Florida law it belongs to you and to a licensed Florida attorney of your choosing — not to software. This page states what each instrument does so you can read the comparison with the law in view.
Is a trust always better than a will in Florida?
Neither is universally better; they do different jobs. A will names a personal representative and guardians for minor children, and the property it governs passes through Florida probate. A funded revocable living trust can pass the assets it holds outside probate and provides for management if the grantor becomes incapacitated. Many Florida plans use both.
Does this comparison replace legal advice?
No. It is general legal information about Florida instruments. It applies no rule to your facts and recommends nothing. Independent legal services are not included on this platform.
General information about Florida law, not legal advice.