Estate planning used to be viewed as simple: meet with an attorney, sign a will, and consider the job done. But families, finances, and planning needs have become more complex. Today, many Florida families use revocable living trusts alongside traditional wills as part of a coordinated estate plan. Understanding the differences can help you decide which approach may be appropriate for your family.
Wills Go Through Probate. Trusts Can Help Avoid It.
A last will and testament generally must be admitted to probate when it is needed to transfer assets owned solely in the deceased person's name without a surviving joint owner or designated beneficiary. Florida law also requires the person holding the original will to deposit it with the appropriate clerk of court within 10 days after receiving information that the testator has died. Probate is the court-supervised process used to administer those assets, address creditor claims, and distribute property.
Florida offers a simplified procedure called Summary Administration when the value of the estate subject to administration in Florida, less property exempt from creditor claims, does not exceed $150,000, or when the decedent has been dead for more than two years. Other eligibility requirements may apply. The $150,000 threshold took effect July 1, 2026, under Chapter 2026-57, Laws of Florida. For estates involving deaths before that effective date, the applicability of the amended threshold may require separate consideration. Estates that do not qualify may require Formal Administration under Florida's Probate Code.
Formal probate involves court filings, appointment of a personal representative, and required notice to creditors. The process often takes several months or longer, depending on the estate, creditor issues, and whether disputes arise. Although many probate filings are public, Florida law makes estate inventories and accountings confidential. Attorney fees are not automatically fixed or mandatory: Florida law provides a schedule of fees presumed reasonable in certain circumstances, but fees may be negotiated.
A properly prepared and funded revocable living trust can allow assets titled in the trust to be managed and distributed by the successor trustee without a separate probate proceeding for those assets. The trust must actually be funded, and ownership and beneficiary designations must be coordinated. Assets left outside the trust may still require probate.
A will communicates your wishes, but it does not automatically avoid probate. A complete estate plan coordinates your will, trust, asset titles, and beneficiary designations so your family has a clearer path forward.
Explore a Plan That May Help Avoid Probate →Modern Families Have More Complex Planning Needs.
Blended families, second marriages, children from prior relationships, and changing family circumstances can make estate planning more involved. A revocable living trust can provide detailed instructions about how, when, and to whom trust assets should be distributed. For example, you may want assets distributed over time rather than in one lump sum, or you may want a trustee to manage an inheritance for a child or another beneficiary.
A will can also create trusts for beneficiaries after death, so a living trust is not the only way to provide structured distributions. The important distinction is that a properly funded revocable living trust can generally manage and distribute its assets without first putting those assets through probate.
Privacy and Multi-State Property Planning.
One potential advantage of a revocable living trust is privacy. The full trust agreement generally does not need to be filed with the probate court simply because the person who created it has died. However, trust administration is not completely private. Under Fla. Stat. § 736.05055, the trustee of a trust described in Fla. Stat. § 733.707(3) must file a Notice of Trust with the appropriate court upon the death of the settlor. This notice is not the same as filing the entire trust agreement. Florida law also requires certain notices to qualified beneficiaries, and beneficiaries may have rights to receive information and accountings.
A trust may also simplify the transfer of real estate located in more than one state. If property in another state is properly transferred into the trust during your lifetime, that property may avoid a separate ancillary probate proceeding in the state where it is located. Simply signing a trust document without transferring the property generally will not accomplish this.
Planning for Incapacity During Your Lifetime.
Estate planning is not just about what happens after death. A revocable living trust can also provide a plan for managing trust-owned assets if you become incapacitated. Under the terms of the trust, your chosen successor trustee may step in to manage those assets, pay appropriate expenses, and continue administering the trust. This may help avoid the need for a court-appointed guardian of your property with respect to assets properly held in the trust.
However, a trust does not automatically give your successor trustee authority over assets that remain outside the trust, and it does not replace documents that address medical decisions or other financial matters. A durable power of attorney, healthcare surrogate designation, and living will may also be important parts of a complete Florida estate plan.
You can learn more about these documents in our guides to Florida durable powers of attorney and healthcare surrogate designations.
Building a Comprehensive Florida Estate Plan.
Many families who establish a revocable living trust also sign a pour-over will. The pour-over will directs certain assets left outside the trust at death to the trust, so they can ultimately be distributed according to its terms. However, assets passing through a pour-over will generally still need to go through probate before they can be transferred to the trust.
A coordinated estate plan may include a revocable living trust, pour-over will, durable power of attorney, healthcare surrogate designation, and living will. The appropriate combination depends on your family, assets, property ownership, and planning goals.
A revocable living trust is not automatically the right choice for everyone, and it does not eliminate every cost, responsibility, or legal issue. The goal is to create a plan that works together, reflects your wishes, and makes things easier for the people you love.
To explore whether a trust may be appropriate for your circumstances, visit our Florida Revocable Living Trust page. You can also review our Florida Last Will and Testament guide to understand the role a will plays in your overall estate plan.
Sources and Legal References
- Fla. Stat. § 735.201 (Summary Administration eligibility)
- Fla. Stat. § 733.2121 (Notice to creditors)
- Fla. Stat. § 733.6171 (Attorney compensation in probate administration)
- Fla. Stat. § 733.604 (Confidentiality of estate inventories and accountings)
- Fla. Stat. § 732.901 (Deposit of wills with the clerk)
- Fla. Stat. § 736.0505 (Creditors' claims against settlor)
- Fla. Stat. § 736.05055 (Notice of trust)
- Fla. Stat. § 736.0813 (Trustee's duty to inform and account)
- Fla. Stat. § 736.08135 (Trust accountings)
- Fla. Stat. § 733.707 (Assets subject to estate administration)
- The Florida Bar – The Revocable Trust in Florida (Consumer overview of trust funding, probate, and administration)
Published November 25, 2025
