Revocable Trust vs Will
in Florida.

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.

What a Will Actually Does

A will says who gets your property when you die, names a personal representative (Florida's term for an executor), and gives the court a roadmap. The catch: a will does not avoid probate. It is designed to go through probate. The will is filed with the circuit court, a judge supervises, creditors are notified, and the beneficiaries receive their inheritance months later, in a proceeding that is public record. One thing only a will can do: name a guardian for minor children. That is why even trust-based plans include a short pour-over will.

What a Revocable Living Trust Does Differently

A revocable living trust is a legal container you create during life. You retitle your assets into it (the house, bank and investment accounts) and serve as your own trustee, so you control everything and can amend or revoke it at any time. At your death, or if you become incapacitated, the successor trustee you named steps in and manages or distributes the assets under the trust's terms. No court, no probate, no public filing. The trust only works for assets that were actually moved into it, which is why funding is the step people skip and regret.

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.

The Florida Rules That Shape the Choice

• Making a valid trust (§ 736.0402). The settlor must have capacity and intent, the trust must have a definite beneficiary and a trustee with duties, and the testamentary parts must be signed with the same formalities as a will: two witnesses, and a notary for the self-proving affidavit.
• Making a valid will (§ 732.502). In writing, signed at the end by the testator in the presence of two witnesses, who sign in the presence of the testator and each other. Florida does not recognize unwitnessed handwritten wills.
• Homestead. Your primary residence has constitutional protections that override both documents if you are survived by a spouse or minor child. A trust or will that tries to leave the homestead elsewhere fails, and the house passes under § 732.401 instead. This is the single most common planning mistake we see.
• No Florida estate tax. Florida has no state estate or inheritance tax, and the federal exemption is $15 million per person. For nearly everyone, the trust-vs-will decision is about probate avoidance and control, not taxes.
• Summary administration ($150,000). Probate estates of $150,000 or less (deaths on or after July 1, 2026) qualify for a shorter procedure, which is part of why a simple will can be enough for a modest estate with no Florida real property.