Revocable Trust vs Will in Florida
A side-by-side comparison to help you decide which estate planning tool is right for your situation.
By Paul Kogan · Published January 15, 2025 · Updated April 14, 2026
The question I hear most from estate planning clients is: “Do I need a trust, or is a will enough?” The short answer for most Florida homeowners: you probably need a trust. But the right answer depends on your specific assets, family situation, and goals.
Here's how they compare, and when each one makes sense.
| Feature | Revocable Trust | Will |
|---|---|---|
| Avoids probate | Yes, assets transfer privately without court involvement | No, must go through probate (6-12 months) |
| Privacy | Private, never becomes public record | Public, the will and all assets become part of the public court file |
| Speed of distribution | Weeks, successor trustee distributes assets immediately | 6-12 months minimum through formal administration |
| Cost to create | $1,500 – $3,500+ (includes trust, pour-over will, POA, healthcare surrogate) | $500 – $1,500 for a basic will package |
| Cost at death | Minimal, no court filing fees, no probate attorney fees | Court fees + attorney fees (3% of first $1M estate value under FL statute) |
| Incapacity protection | Yes, successor trustee manages assets without court involvement | No, requires separate guardianship proceeding (expensive, public, court-supervised) |
| Protects against challenges | Harder to contest, no public proceeding, no notice to potential challengers | Easier to contest, public proceeding, all interested parties notified |
| Out-of-state property | One trust covers property in all states, no ancillary probate needed | Requires separate probate in each state where you own real property |
| Ongoing maintenance | Must be "funded", assets titled in trust name. Needs periodic review. | Simpler, no retitling required. But should be reviewed every 3-5 years. |
| Flexibility | Revocable, change it anytime during your lifetime | Can be changed anytime by executing a new will or codicil |
Choose a Trust If You:
- ✓Own a home or condo in Florida
- ✓Own real estate in multiple states
- ✓Want assets distributed quickly and privately
- ✓Want protection if you become incapacitated
- ✓Have a blended family or complex family dynamics
- ✓Want to minimize the cost and hassle for your heirs
A Will May Be Sufficient If You:
- ○Don't own real property in Florida
- ○Have minimal assets (under $75,000)
- ○All accounts have beneficiary designations
- ○Want the simplest, lowest-cost option
- ○Are young with limited estate complexity
The Bottom Line
Most Florida residents with real property benefit from a trust-based estate plan. The upfront cost is higher than a simple will, but the savings at death, both in money and in time, are substantial. A $500,000 estate going through formal probate in Florida will incur roughly $15,000 in attorney fees alone, plus 6-12 months of court proceedings. That same estate in a properly funded trust transfers to beneficiaries in weeks with minimal cost.
We recommend most of our clients get both: a revocable living trust as the primary vehicle, plus a “pour-over will” that catches any assets not titled in the trust. Along with a durable power of attorney and healthcare surrogate designation, this creates a complete estate plan that covers every scenario.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 15+ years
- Florida Bar
- Martindale Peer Rated
Find Out What's Right for You
We offer flat-fee estate planning. Schedule a free consultation and we'll recommend the right plan based on your assets, family, and goals.
This comparison is for informational purposes only and does not constitute legal advice.