Last updated August 22, 2026
A will says who gets your property — through a probate case. A funded revocable living trust passes property without one: privately, on your successor trustee’s signature, under Florida’s Trust Code (Chapter 736). Whether that difference is worth it depends on what you own and who inherits. This is general information, not legal advice.
The four reasons a trust earns its keep
Skip probate
Assets titled in the trust never enter a probate case — no months of formal administration, no statutory attorney’s fees on those assets, no waiting. How probate avoidance actually works.
Stay private
Probate is a public court file — your assets, your beneficiaries, your family's disputes. A trust administration happens outside the courthouse.
Plan for incapacity
If you can't manage your affairs, your successor trustee steps in for trust assets immediately — no guardianship proceeding for what the trust owns.
Control the WHEN
Ages and stages for children, protections for a beneficiary who shouldn't receive a lump sum, provisions for a blended family — a trust keeps working after you're gone; a will just hands things over.
When a will alone is enough
If nearly everything passes by joint title and beneficiary designations, if privacy isn’t a concern, and if your beneficiaries are adults you’d trust with a lump sum, a well-executed will plus a lady bird deed for the homestead covers a lot of Florida situations honestly. Compare will vs. trust side by side or take the 2-minute quiz.
See real work before you pay — the guided Florida plan previews your trust before checkout.
Start your Florida trust planGeneral information about Florida law, not legal advice. EstateDraftFL is gated AI document-preparation software, not a law firm.
Frequently asked questions
Why would I need a trust instead of just a will?
Four main reasons: a funded revocable living trust passes assets WITHOUT a probate case (a will goes through probate); it keeps your affairs private (probate files are public court records); it manages your property seamlessly if you become incapacitated; and it controls WHEN beneficiaries receive — at ages and in stages — instead of handing an 18-year-old everything at once.
Do I need a trust if I don't have a lot of money?
Wealth is the wrong test — probate exposure is the right one. A modest Florida home plus a bank account can still mean a full probate case. Conversely, if everything you own passes by joint title and beneficiary designations, a trust adds less. It's about how your assets are titled, not how big they are.
Is a trust worth it just to avoid probate?
Often, yes — Florida formal administration commonly takes months and involves attorney's fees, filing fees, and public records. But for a homestead-only situation, a lady bird deed can achieve probate avoidance for the house at far lower cost. The honest answer depends on what you own and who inherits.
What does a Florida living trust cost?
The trust-based Florida plan here is a flat $499, including the revocable living trust, a pour-over will, durable power of attorney, and healthcare directives — with a free preview first. Attorney-drafted packages typically cost several times that.
What's the biggest trust mistake?
Not funding it. A trust only controls assets titled in its name — sign a beautiful trust, never retitle anything, and your family is in probate anyway. Funding instructions are part of the plan for exactly that reason.
General information about Florida law, not legal advice.