Will or Trust in Florida: Which One Fits Your Family

If you are the one your family calls when something goes wrong, this question has probably crossed your mind at a stoplight, or at two in the morning: do I need a will, or do I need a trust? Most people expect a contest with a winner and a loser. It is calmer than that. These are two different tools, and Florida law gives each one a specific job.

What a Florida will actually does

A will speaks only after you die. It names who inherits, nominates your personal representative (Florida's word for executor), and nominates a guardian for your minor children. Under section 732.502, you sign at the end before two attesting witnesses, who sign in your presence and in front of each other.

Here is the part that surprises people. A will does not avoid probate. Whoever holds your original has 10 days after learning of your death to file it with the clerk of court under section 732.901. From then on it is public record, and so is the list of what you owned.

What a revocable living trust actually does

A trust takes effect the day you sign it. You are usually your own trustee and your own beneficiary while you live, so day to day nothing feels different. What changes is underneath: assets titled in the trust pass to the successor trustee you chose, with no probate case for those assets. Under section 736.0403, the testamentary parts of a revocable trust signed by a Florida resident are invalid unless it was executed with the same formalities Florida requires for a will. That is where download forms and out of state paperwork fail.

• Continuity if you get sick. Your successor trustee can pay bills and manage trust property without asking a court for authority.
• Privacy. Trust assets pass under the trust document, not under a will filed at the courthouse.
• Structure where someone needs it. A trust can hold a young adult's inheritance, protect a beneficiary on needs based benefits, or release money in stages.

What changed in Florida on July 1, 2026

Florida raised the ceiling on its simplified probate track. Under section 735.201, as amended by chapter 2026-57, Laws of Florida, summary administration is available when the estate subject to administration here, minus property exempt from creditor claims, does not exceed $150,000. The old ceiling was $75,000. If your probate assets fall under that line, the court process may be lighter than the one you pictured. For some families the honest answer is now a well drafted will, correct beneficiary designations, and the right deed. Figures here are current as of August 18, 2026, and Florida's dollar thresholds move, so ask whether the number you read somewhere is still today's number.

The Florida rules that apply either way

• Homestead. The restrictions in section 732.4015 follow the home, and the statute treats a homestead held in your trust the same as one in your own name. If a spouse or a minor child survives you, you cannot simply leave it to whomever you like.
• Your spouse's elective share. A surviving spouse may claim 30 percent of the elective estate under section 732.2065, and section 732.2035 counts revocable trust property in that math.
• Minor children and money. Under section 744.301, parents may receive no more than $15,000 in total for a minor child without a court appointed guardian of the property. Naming a minor on a life insurance policy is a common way families land in guardianship court by accident.
• Creditors. In probate, claims are due by the later of 3 months after first publication of the notice to creditors or 30 days after service, under section 733.702. A trust does not erase the question: section 736.05053 makes the trustee cover estate expenses and enforceable claims the estate cannot, and section 736.05055 requires a notice of trust.
• Taxes. Florida has no estate tax and no inheritance tax, and the federal basic exclusion is $15,000,000 per person for deaths in 2026. For most Central Florida families the deciding factor is process, not tax.

What probate actually costs

The numbers are published. Section 733.6171 presumes a reasonable attorney fee of $1,500 for an estate of $40,000 or less, then 3 percent on the next $900,000 above $100,000, and it requires the attorney to state in writing that the fee is negotiable. Section 733.617 presumes 3 percent of the first $1 million for the personal representative. Presumptions, not automatic charges, and worth knowing before you decide.

Three questions that usually settle it

1. 1What would actually go through probate? Retirement accounts, life insurance, and accounts with a valid beneficiary designation usually pass outside it already. Add up what is left, then look at that $150,000 line.
2. 2Who steps in if you cannot sign next month? If that is unclear, your urgent documents are a durable power of attorney and a health care surrogate, not a trust.
3. 3Is there someone who needs protection? A minor, a beneficiary on needs based benefits, a child in a hard marriage, a family member fighting addiction. That is where a trust earns its cost.