Will vs. Trust in Florida: Which Do You Need?

A will and a revocable living trust both let you decide who inherits your property. But in Florida they work very differently, and the right choice depends on what you own, where you own it and what you want to happen if you become unable to manage your affairs.

How a will works

A will states who receives your property, names a personal representative to settle your estate, and lets you state a preference for the guardian of your minor children. In Florida, a will must be signed at the end by you and two witnesses who sign in each other’s presence. Adding a self-proving affidavit before a notary makes the court process smoother.

The key point: a will generally works through probate, the court-supervised process of validating the will, paying debts and transferring assets. Probate files are public records.

How a revocable living trust works

With a revocable living trust, you transfer your assets into a trust during your lifetime and usually serve as your own trustee. You can change or revoke it at any time. You also name a successor trustee who steps in if you become incapacitated or pass away. Assets owned by the trust pass to your beneficiaries without probate.

Side by side

• Probate: A will goes through probate; a properly funded trust generally avoids it.
• Privacy: Probate is public; a trust usually stays private.
• Incapacity: A will does nothing while you’re alive; a trust’s successor trustee can manage trust assets if you can’t.
• Property in other states or countries: A will may require probate in each place; a trust can help avoid that.
• Upfront work: A trust takes more setup, including retitling (“funding”) your assets.

Most trust plans include a will, too

Even with a trust, you need a pour-over will. It acts as a safety net, directing anything you didn’t move into the trust into it at death, and it’s where you can state guardian preferences for minor children.

So which do you need?

A will may be enough for some people with simple estates. Many Florida families, especially homeowners, parents of young children, blended families and anyone with property outside Florida, choose a trust-based plan to spare their family probate and plan for incapacity. You can read more on our wills & trusts and revocable living trust pages.

Whichever you choose, pair it with a durable power of attorney and health care directives, so your family is covered while you’re alive, too.

This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every family’s situation is different. Speak with an attorney about your circumstances.