Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
Trusts · 6 min read
What "funding" means
Funding a trust means changing ownership of your assets from your individual name to the name of your trust — for example, from "Jane Smith" to "Jane Smith, Trustee of the Jane Smith Revocable Living Trust." Until you do, those assets are still in your name and can still go through Florida probate.
Why it matters
A Florida trust that was signed but never funded is just paper. The probate avoidance, the privacy, the seamless management on incapacity — none of it applies to assets left in your own name. Funding is what makes the trust real.
Retitling Florida real estate
Your Florida home is transferred by recording a new deed into the trust. Two Florida cautions: confirm the transfer does not disturb your homestead tax exemption (it usually can be preserved), and remember that homestead has special inheritance rules. Bank and brokerage accounts are retitled with the institution.
What to leave out
Retirement accounts like IRAs and 401(k)s generally should NOT be retitled into a trust — doing so can trigger taxes. Instead you name beneficiaries on those accounts (naming a trust as beneficiary needs professional guidance). Life insurance passes by beneficiary designation too.
The pour-over will backstop
No one funds perfectly, so a "pour-over" will catches anything left out and directs it into your trust. It is a safety net — not a substitute for funding. EstateDraftFL’s trust includes plain-language Florida funding instructions; given the tax and homestead nuances, a licensed Florida attorney or tax professional is worth consulting.
General information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. EstateDraftFL is software, not a law firm.
Frequently asked questions
- What happens if I don’t fund my Florida living trust?
- Assets left in your own name are not controlled by the trust and can still go through Florida probate — defeating the main reason most people create one.
- Can I put my Florida homestead in a revocable living trust?
- Often yes, and the homestead tax exemption can usually be preserved, but homestead has special inheritance and creditor rules in Florida. Confirm the approach with a licensed Florida attorney before recording the deed.
General information about Florida law, not legal advice.