Revocable Trust vs Will in Florida: Which Do You Need?

Revocable Trust vs Will in Florida: Which Do You Need?

Every few weeks, someone sits across from me and asks the same question: Do I need a trust, or is a will good enough?

It's a fair question, and the honest answer is: it depends on what you own, who you're leaving it to, and how much hassle you want your family to deal with after you're gone.

Let me break this down the way I'd explain it to a friend.

What a Will Actually Does

A will is a legal document that says who gets your stuff when you die. It names a personal representative (that's Florida's term for what other states call an executor), and it gives the court a roadmap for distributing your estate.

Here's the catch: a will doesn't avoid probate. In fact, a will is specifically designed to go through probate. The will gets filed with the circuit court, a judge oversees the process, creditors get notified, and eventually — sometimes many months later — your beneficiaries get their inheritance.

Florida probate can be straightforward, or it can be a long, expensive process depending on what's in the estate. If you want to understand the timeline in more detail, check out our probate timeline guide.

What a Revocable Living Trust Does Differently

A revocable living trust is a legal entity you create during your lifetime. You transfer ownership of your assets into the trust — your house, bank accounts, investment accounts — and you act as your own trustee while you're alive. You control everything. You can change it, revoke it, or amend it anytime.

When you die, your successor trustee steps in and distributes assets to your beneficiaries according to the trust terms. No court. No probate. No public record.

That's the big difference. A trust is a private, court-free transfer of wealth. A will is a public, court-supervised process.

When a Will Might Be Enough

A will is not a bad document. For some people, it's exactly what they need. Here's when a will-based plan often makes sense:

• You don't own real estate or your only real estate has a co-owner with right of survivorship
• Your estate is modest and likely qualifies for Florida's simplified summary administration (available for estates under $75,000, or when the decedent has been dead more than two years — see Florida Statute §735.201)
• Your beneficiaries are adults who are financially responsible and won't fight over anything
• You have young children and need to name a guardian — a will is actually the only place you can do that

One important point: naming a guardian for minor children must be done in a will, not a trust. So even if you have a trust, you'll usually want a simple pour-over will alongside it.

When a Revocable Trust Is the Smarter Move

For most South Florida property owners and families with any meaningful assets, a revocable living trust is worth serious consideration. Here's why:

1. You own real estate in Florida. Probate in Florida is tied to real property. If you own a home or investment property, it almost certainly has to go through probate unless it's in a trust or has a properly recorded enhanced life estate deed (Lady Bird deed). Avoiding that process can save your family months and thousands of dollars in legal fees.

2. You own property in multiple states. If you have a vacation home in another state, a will means your family could face probate in two states — called ancillary probate. A trust eliminates that headache entirely.

3. Privacy matters to you. Probate is public record. Anyone can look up your will, see what you owned, and see who got what. A trust stays private.

4. You want to avoid family conflict. Trusts are harder to contest than wills. They also give you tools to put conditions on distributions or protect a beneficiary who isn't great with money.

5. You want a plan if you become incapacitated. A revocable trust works during your lifetime too. If you become incapacitated, your successor trustee can manage your assets without going to court for a guardianship. That alone is a compelling reason for many people.

For a deeper side-by-side comparison of these two documents, our trust vs will guide lays it all out.

The Florida-Specific Details You Should Know

Florida has its own rules that affect how you plan:

• Florida Statute §736.0402 governs the requirements to create a valid trust in Florida. It must be in writing, signed by the settlor, and either witnessed by two people or acknowledged before a notary.
• Florida Statute §732.502 sets out the requirements for a valid will — also two witnesses, and the testator must sign in their presence.
• Homestead rules in Florida are complicated. Your primary residence has special constitutional protections that can affect how it passes through a trust or will, especially if you have a spouse or minor children. This is an area where getting the details right really matters.
• Florida does not have a state estate tax, so for most Florida residents, the trust-vs-will decision is about probate avoidance and asset control — not tax planning.

The Bottom Line

If you own a home in Florida, have assets in multiple states, care about privacy, or want to protect your family from a drawn-out court process — a revocable living trust is almost always the better tool.

If your estate is simple, your assets are minimal, and probate doesn't scare you — a well-drafted will might be sufficient.

But here's the thing: most people benefit from both — a funded revocable trust as the centerpiece, with a pour-over will as a backstop, plus a durable power of attorney and healthcare documents to round out the plan.

To get organized before your first meeting with an attorney, our estate planning checklist is a good place to start.

And if you're also thinking about how your business fits into your estate plan, that's a conversation worth having too — the way your business formation is structured affects what your estate planning needs to accomplish.

Talk to an Attorney Before You Decide

There's no universal right answer here. The right plan depends on your specific assets, your family dynamics, and your goals. At The Kogan Firm, P.A., we work with South Florida families and business owners to build estate plans that actually reflect their lives — not generic documents that check a box.

If you're ready to figure out whether a will, a trust, or a full estate plan is right for you, contact us to schedule a free consultation. We'll give you straight answers, not a sales pitch.