Should I Have a Will or a Trust in Florida?

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Ann Miles – Estate Planning & Contract Litigation Attorney | St. Johns Law Group business transaction attorney

Should I Have a Will or a Trust in Florida?

(Estate Planning Insights from St. Johns Law Group)

Estate planning isn’t just about deciding who inherits your property — it’s about protecting your family, your assets, and your peace of mind. For Florida residents, two of the most common tools are wills and trusts. Each has advantages, but which one is right for you? At St. Johns Law Group, our estate planning attorneys in St. Augustine help clients across Northeast Florida weigh these options every day.

What Is a Will Under Florida Law?

A Last Will & Testament is a legal document that only takes effect after death. In Florida, wills are governed by Chapter 732 of the Florida Statutes. A valid will allows you to:

  • Direct how your property will be distributed.

  • Name a personal representative (executor) to administer your estate.

  • Appoint guardians for minor children.

  • Provide instructions for final arrangements.

Key Florida consideration: All wills must go through probate in Florida, which is a court-supervised process to validate the will, pay debts, and distribute assets. Depending on the size of the estate, this may be formal administration or summary administration. Probate can take months and incurs filing fees, attorney’s fees, and court oversight.

What Is a Trust in Florida?

A trust is a legal arrangement where a trustee manages assets for beneficiaries. The most common estate planning tool is a revocable living trust, which is recognized under Chapter 736 of the Florida Statutes (Florida Trust Code).

Benefits of a trust include:

  • Avoiding probate. Assets properly transferred into the trust do not pass through probate, saving time and costs.

  • Privacy. Unlike wills, trusts are not part of the public record.

  • Flexibility. You can set conditions (e.g., staggered distributions to children at certain ages).

  • Incapacity planning. If you become unable to manage your affairs, a successor trustee can step in without the need for guardianship proceedings.

Wills vs. Trusts: Florida-Specific Considerations

Factor Will Trust
Probate Required under Florida law. Avoids probate if assets are properly titled in the trust.
Privacy Public record through probate. Private – not filed in court.
Guardianship Allows you to name guardians for minor children. Cannot appoint guardians.
Costs Less expensive to create, but probate costs can add up later. More expensive to set up, but may save heirs significant time and money.
Incapacity Planning Limited – usually requires powers of attorney. Successor trustee can manage assets immediately if you are incapacitated.
Complexity Simple for modest estates. Better for larger, blended, or complex estates.

When a Will May Be Enough in Florida

A will may be sufficient if:

  • You have a smaller estate that qualifies for summary administration (under $75,000 in non-exempt assets).

  • You need to designate guardians for minor children.

  • You do not mind your estate passing through probate.

  • Your estate is relatively simple and does not involve real estate in multiple states.

When a Trust Makes More Sense

You should consider a trust if:

  • You want to avoid probate and streamline the process for your heirs.

  • You value privacy and don’t want your estate plan filed in public records.

  • You own real estate in multiple states — a trust can prevent multiple probate proceedings.

  • You have minor children, beneficiaries with special needs, or want to impose conditions on inheritance.

  • You want protection in the event of incapacity without the need for a court-appointed guardian.

Why Many Floridians Use Both

Often, the best solution is both a will and a trust. A pour-over will ensures that any assets you did not transfer to your trust during life are added after death. At the same time, the trust manages most of your estate, avoiding probate for the bulk of your assets.

Protecting Your Family Under Florida Law

Estate planning is not one-size-fits-all. At St. Johns Law Group, our attorneys help families in St. Augustine, Ponte Vedra, Palm Coast, Nocatee, and throughout Northeast Florida create customized plans that reflect Florida law and their unique needs. Whether you need a straightforward will, a comprehensive trust, or a combination, we will walk you through every option so you can make the right choice.

Pro Tip:

An Enhanced Life Estate Deed or Lady Bird Deed can be a very effective tool as part of any estate plan.  Simple.  Cost-Effective.  Protection against Medicaid claims.  Know Exactly Who Gets Your Home.

📞 Contact St. Johns Law Group Today

Don’t leave your loved ones unprepared. Our estate planning attorneys bring decades of combined experience in Florida probate, wills, and trusts. Call us today at 904-495-0400 or contact us online to schedule a consultation.