Glossary · Trusts and Deeds
Revocable Living Trust
A trust you control during life that passes assets at death without probate.
A revocable living trust is a legal arrangement you create and control while you are alive. You can change it, add or remove assets, or revoke it entirely at any time. You typically serve as your own trustee, so day-to-day life does not change.
Its main benefit is avoiding probate. Assets properly titled in the trust pass to your beneficiaries through your named successor trustee, privately and without court involvement. It also makes incapacity planning cleaner, since the successor trustee can step in without a guardianship.
A trust only works for the assets actually transferred into it. An unfunded trust, where the deed and accounts were never retitled, does not avoid probate, which is why funding is the step that matters most.
In Florida
In Florida a revocable living trust is the most common way to keep a home and accounts out of probate, including avoiding ancillary probate for out-of-state owners. Note that a revocable trust does not shield assets from your own creditors during life, and trust assets can still be reached for the spousal elective share.
Common questions
Does a revocable living trust avoid probate in Florida?
Yes, for any asset actually titled in the trust. Assets left out of the trust still go through probate, so funding the trust is essential.
Does a revocable trust protect assets from creditors?
No. Because you keep full control, your creditors can still reach the assets during your life.
Related terms
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
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Estate Planning and Probate
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This page is general information about Revocable Living Trust under Florida law and does not constitute legal advice. Every family and estate is different.