Guide · Estate Planning
Revocable Trust vs Will
in Florida.
A side-by-side comparison to help you decide which estate planning tool is right for your situation.
Short answer
For most Florida homeowners, a revocable living trust is worth it: it avoids probate, keeps your estate private, and passes assets in weeks instead of months. A simple will is enough only for modest estates with no Florida real estate. Many plans use both, a trust plus a pour-over will that catches anything left out.
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.
At a glance
- Trust-based plan
- $1,500–$3,500+
- Will-based plan
- $500–$1,500
- Formal probate
- 6–12 months
- Trust distribution
- Weeks
- Probate attorney fee
- 3%
- Summary-admin cap
- $75K
trust + pour-over will + POA + HCS
basic will + incapacity docs
typical clean-file range
no court involvement
of first $1M (FL statutory schedule)
§ 735.201, or decedent > 2 yrs deceased
| 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 |
Go with a trust
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 enough
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.
Common questions
Do I need a trust or a will in Florida?
If you own a home or condo in Florida, a revocable living trust is usually the better choice because it avoids probate. A will is often enough if you have modest assets, no Florida real estate, and beneficiary designations on your accounts.
Does a will avoid probate in Florida?
No. A will still goes through probate, which typically takes 6 to 12 months. Only a funded revocable living trust, beneficiary designations, or similar tools avoid probate.
How much does a trust cost compared to a will in Florida?
At the Kogan Firm a will-based plan is a flat 1,500 to 2,200 dollars and a trust-based plan is 3,500 to 4,500 dollars. The trust costs more up front but saves the estate probate fees and months of delay later.
What happens if my trust is not funded?
An unfunded trust does not avoid probate. Assets you never retitled into the trust still go through court. Funding, meaning retitling your home and accounts into the trust, is the step that makes a trust work.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
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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.