It is one of the most common questions Florida estate planning attorneys hear: “Do I need a will or a trust?” The honest answer is that it depends on your assets, your family, and how much you value privacy and speed. Rather than abstract definitions, let’s compare them through two Floridians making the choice.
Meet the Two Decision-Makers
Carlos, 45, in Orlando, rents an apartment, has a modest 401(k) with a named beneficiary, and one young child. Diane, 70, in Boca Raton, owns a home, a vacation condo in another state, and several investment accounts, and she strongly values privacy. Same question, very different right answers.
How a Will Works in Florida
A will (valid under Florida Statutes §732.502 with two witnesses) directs who gets your probate assets and names a personal representative and guardian for minor children. Its defining feature: assets passing under a will go through probate, the court-supervised process in Chapters 733 and 735. For a smaller estate, that may mean the streamlined summary administration; for larger ones, the longer formal administration. Probate is public, anyone can read the file.
How a Revocable Trust Works in Florida
A revocable living trust (Chapter 736) holds assets you transfer into it during your lifetime. When you die, your successor trustee distributes those assets without probate and without a public court record. You keep full control while alive and can change it anytime. The catch: you must actually fund it by retitling assets into the trust, an unfunded trust accomplishes nothing.
Carlos’s Choice
Carlos’s biggest asset already passes by beneficiary designation, outside both a will and a trust. His main need is naming a guardian for his child, which only a will can do. For him, a solid will plus updated beneficiary forms and a durable power of attorney (Chapter 709) covers the bases. A trust would be extra cost for little benefit at this stage.
Diane’s Choice
Diane is the textbook trust candidate. Her out-of-state condo would otherwise trigger a second probate in that state, an ancillary proceeding, which a properly funded trust can avoid entirely. She wants privacy, and a trust keeps her affairs out of the public record. With multiple accounts and real estate, the smoother, faster transfer matters. She still signs a short “pour-over” will to catch any stray assets and to nominate a personal representative.
The Florida Homestead Factor
For both, the homestead (Article X, §4) deserves care. Florida homestead carries powerful creditor protection and the Save Our Homes tax cap, and how you title it, in your name, in a trust, or via a Lady Bird (enhanced life estate) deed, affects probate, protection, and taxes. A Lady Bird deed, recognized in Florida, can pass a home to heirs outside probate while you keep full control and homestead benefits during life. It is sometimes a simpler alternative to a trust for the home alone.
The Cost and Tax Reality
Wills are usually cheaper to create; trusts cost more upfront but can save time, fees, and stress later. On taxes, neither choice changes your bill in one key way: Florida has no state estate or inheritance tax. The decision is about probate, privacy, control, and out-of-state property, not state death taxes.
Talk to a Florida Attorney
There is no universal winner, only the right fit for your assets and goals. A licensed Florida estate planning attorney can review your situation and tell you whether a will, a trust, or a combination, plus tools like a Lady Bird deed, makes the most sense for you.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.