Trust or will in Florida: which one do I need?
Short answer: Everyone needs a will; not everyone needs a trust. A revocable living trust earns its cost when you own real estate, want to keep your family out of probate, or need someone to manage your affairs if you become incapacitated.
What a will does
A will names who receives your property, who manages the process (your personal representative), and who should care for minor children. It takes effect only at death and only through probate: the court supervises paying debts and distributing what is left. A valid Florida will must be signed at the end in the presence of two witnesses who also sign (F.S. 732.502); Florida does not accept handwritten wills without witnesses.
What a revocable living trust adds
A trust is a container you create during life. You are usually the trustee, you keep full control, and you can change or revoke it. Assets you move into the trust pass to your beneficiaries under its terms without probate. If you become incapacitated, your successor trustee steps in without a court guardianship. Florida requires the parts of a trust that take effect at death to be signed with the same formalities as a will (F.S. 736.0403(2)(b)).
The catch most people miss
A trust only controls what is titled in it. A beautifully drafted trust with the house still in your individual name avoids nothing; that house goes through probate. Every trust plan includes a short "pour-over" will to catch anything left outside the trust, and a funding list so you know what to retitle. Florida homestead has its own rules that apply even inside a trust (see our homestead article).
A simple way to decide
| Your situation | Usually enough | Usually worth a trust |
|---|---|---|
| Few assets, all with named beneficiaries, no real estate | Will | |
| You own a Florida home or any out-of-state property | Trust (avoids probate here and ancillary probate elsewhere) | |
| Blended family or beneficiaries who should not receive money outright | Trust | |
| A child or relative with special needs | Trust with supplemental needs provisions | |
| You want privacy; probate files are public | Trust | |
| You want someone to manage things if you cannot | Durable power of attorney helps | Trust handles it more smoothly |
Documents every Florida adult should have
Whichever path you choose: a durable power of attorney (F.S. ch. 709), a health care surrogate designation and living will (F.S. ch. 765), and current beneficiary designations on retirement accounts and life insurance.
Next step
Bring your deed, a list of accounts, and your current documents to a consultation; most people can get a clear recommendation in one meeting. Email the firm through the Contact page.
This article is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.