Revocable Living Trust vs. Will in Florida: Key Differences
Two of the most common estate planning documents are the will and the revocable living trust. Both let you say who receives your property after you die. They get there in different ways, and Florida has specific rules for each. Here's a side-by-side look.
What a will does
A will says who receives the property in your name when you die. It also names a personal representative (Florida's term for an executor) to handle your estate, and it can nominate a guardian for minor children.
How it's signed. Under section 732.502, Florida Statutes, you sign at the end of the will in front of at least two witnesses. The witnesses sign in your presence and in each other's presence. You can also add a "self-proving" affidavit before a notary (section 732.503). This is optional, but it can make the will easier to use in probate later.
What happens after death. A will generally works through probate, the court process for settling an estate. In Florida, whoever has the original will must deposit it with the clerk of court within 10 days after learning of the death (section 732.901). Until the will is admitted to probate, it can't be used to prove title to property (section 733.103). Smaller estates may qualify for a shorter process called summary administration. Effective July 1, 2026, the general limit for that process is $150,000, not counting certain exempt property (section 735.201).
What a revocable living trust does
A revocable living trust is a document that creates a trust you control during your life. You usually serve as your own trustee, and you can change or revoke it (section 736.0602). You name a successor trustee to take over if you become incapacitated or die.
How it's signed. Florida has a rule for revocable trusts that surprises people. The provisions that distribute property at your death are invalid unless you sign the trust with the same formalities as a will: two witnesses, signing in each other's presence (section 736.0403(2)(b)). Many people also have the trust notarized.
Funding is the key step. A trust only controls property that is actually in it. That means retitling assets, such as recording a deed to your home, changing account ownership, or naming the trust as a beneficiary where that's allowed. Assets left in your individual name may still go through probate. That's why trusts are usually paired with a pour-over will.
Side-by-side
| Will | Revocable living trust | |
|---|---|---|
| Takes effect | At death | When signed and funded |
| Probate | Generally required for assets in your name | May help avoid probate for assets titled in the trust |
| Incapacity | Doesn't help during life | Successor trustee can manage trust assets |
| Signing | Two witnesses | Two witnesses for the death provisions; notary common |
| Public record | Filed with the clerk | Generally not filed with the court |
| Upkeep | Update as life changes | Update and keep funding new assets |
Things a trust doesn't change
- Creditors. While you're alive, property in your revocable trust is available to your creditors to the same extent as if you owned it directly (section 736.0505). After death, the trust can be required to help pay estate expenses and claims if the probate estate falls short (section 733.707(3)).
- Homestead. Florida's constitutional limits on leaving a homestead when you're survived by a spouse or minor child also apply to a revocable trust (section 732.4015).
- Beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts generally pass to the named beneficiary, whether or not you have a will or trust.
Incapacity planning
A will does nothing while you're alive. A funded trust lets your successor trustee manage trust assets if you can't. Many people pair either one with a durable power of attorney for assets outside the trust. Under Florida law, an agent can change your trust only if you initialed that specific power in the power of attorney and the trust itself allows it (section 709.2202).
Which one is right?
That depends on your family, your assets, and your goals, and it isn't something we can answer for you. People often weigh how much they own, whether they own real estate in more than one state, how much privacy matters to them, and whether they want a plan that also covers incapacity. It's especially worth talking with a licensed Florida attorney if you have a blended family, a beneficiary with a disability, business interests, significant assets, homestead with a spouse or minor child, or Medicaid concerns.
Frequently asked questions
Does a living trust avoid probate in Florida? It may help avoid probate for assets properly titled in the trust. Assets left outside the trust may still need probate.
Do I still need a will if I have a trust? Most trust-based plans include a pour-over will to catch assets left outside the trust. Whether one fits your situation is a personal decision.
Is a Florida trust valid without witnesses? The provisions that distribute property at death must be signed with will formalities, meaning two witnesses (section 736.0403).
Can I be my own trustee? Yes. With a revocable trust, the person who creates it commonly serves as trustee during life.
Templates
The Florida Revocable Living Trust Estate Plan Kit includes a revocable living trust, a pour-over will, and incapacity documents in a coordinated set. You can also browse all Florida estate planning templates.
Rexford Mercantile sells self-help legal document templates. We are not a law firm, and Jonathan and Ruth Rexford are not attorneys. This article is general information about Florida law as of September 2026. It is not legal, tax, or financial advice and does not create an attorney–client relationship. For advice about your situation, talk with a licensed Florida attorney.