Florida Estate Planning Services

Wills & Trusts in Florida: What You Need to Know

Two of the most powerful tools in estate planning—explained clearly, compared honestly, and tailored to Florida law.

Foundation of Every Estate Plan

What Is a Last Will and Testament Under Florida Law?

A last will and testament is a legally binding written document that expresses your wishes for how your property should be distributed after your death, who should manage your estate, and—critically for parents—who should care for your minor children. In Florida, a will is governed by the Florida Probate Code (Chapter 732, Florida Statutes) and must meet specific requirements to be valid.

A Florida will must be in writing, signed by the testator (the person making the will) in the presence of two witnesses, and signed by those two witnesses in the presence of the testator and each other. Oral wills and holographic (handwritten but unwitnessed) wills are not recognized in Florida. These formalities exist to protect against fraud and ensure that your expressed wishes are genuinely your own.

What a Florida Will Can Do

✦ Name the beneficiaries who will receive your property and specify what each receives
✦ Designate a personal representative (executor) to manage and settle your estate
✦ Name a guardian for minor children if both parents are deceased
✦Specify funeral and burial preferences
✦Create testamentary trusts to hold and manage assets for minor or special-needs beneficiaries
✦Forgive debts owed to you by family members or others
✦Make specific bequests of personal property, heirlooms, or sentimental items

What a Florida Will Cannot Do

A will controls only the assets that pass through your probate estate—it has no authority over assets with named beneficiaries (like life insurance policies or retirement accounts), jointly titled property with right of survivorship, or assets held in a trust. This distinction is one of the most important in estate planning and frequently surprises clients who assume a will covers everything they own.

Florida's Self-Proving Will

Florida allows wills to be “self-proved” by attaching an affidavit signed by the testator and witnesses before a notary. A self-proving will streamlines the probate process because the court can admit the will without tracking down witnesses to testify—a significant practical advantage, especially if years pass between signing and death.

Advanced Planning Instrument

What Is a Trust and How Does It Work in Florida?

A trust is a legal arrangement in which one party (the grantor or settlor) transfers assets to a trustee to hold and manage for the benefit of one or more beneficiaries. In Florida, trusts are governed by the Florida Trust Code (Chapter 736, Florida Statutes). Unlike a will, a trust can operate during your lifetime, continues seamlessly at your death, and—crucially—operates outside the probate system entirely.

The person creating the trust, the trustee, and the beneficiaries can all be the same person during that person’s lifetime. In a typical revocable living trust, for example, you create the trust, serve as your own trustee, and are also the primary beneficiary during your lifetime. You retain complete control. At your death or incapacity, a successor trustee you have named steps in to manage or distribute the assets according to the trust’s terms—without any court involvement.

Most Common

In-Home Consultations

We come to you. One of our estate planning attorneys will meet with you in your home at a time that suits your schedule—evenings and weekends available—to conduct your full planning consultation in a familiar, comfortable environment.

The most commonly used trust instrument in Florida estate planning.

Long-Term Strategy

Irrevocable Trust

Once established, generally cannot be modified or revoked without beneficiary consent. Because you relinquish control of the assets, they may be protected from creditors and may not count toward Medicaid eligibility. Used for asset protection, Medicaid planning, and certain tax strategies.

Requires careful planning and is designed for specific long-term goals.

Types of Trusts Used in Florida Estate Planning

Document Execution

Will vs. Trust: Key Differences Every Florida Resident Should Understand

Wills and trusts serve overlapping but distinct purposes. Many Florida residents need both—a trust to manage and transfer the bulk of their assets, and a “pour-over will” to capture any assets not transferred to the trust during the grantor’s lifetime. Understanding the key differences helps clarify which instrument—or combination—best serves your plan.

In-Home Consultations

Revocable Living Trust

“A will tells the court what you wanted. A trust tells your successor trustee what to do—without the court ever being involved.”

Travel Notary: We Come to Your Home

Our travel notaries are available to come directly to your residence anywhere in our Florida service area. There is no need to locate a notary, arrange transportation, or coordinate with a third party. We handle everything—bringing the right witnesses and a commissioned Florida notary to your door at a scheduled time that works for you.
This service is especially valuable for clients with mobility limitations, busy family schedules, or simply a preference for completing this important process in the comfort and privacy of home.

Florida-Specific Considerations

Critical Florida Laws That Affect Your Will and Trust

Florida's Homestead Restrictions on Devising Property

Florida’s constitutional homestead protections impose significant restrictions on how a married person may devise their primary residence. If you are married, you generally cannot leave your homestead to anyone other than your surviving spouse without that spouse’s written consent. If you have minor children, you cannot leave your homestead away from those children at all. These restrictions can override the terms of a will and must be carefully accounted for in any Florida estate plan involving a primary residence.

The Elective Share and Pretermitted Spouse

A surviving spouse who is unhappy with what a will provides may elect against the will and claim 30% of the “elective estate” under Florida Statute §732.201. This elective estate includes probate assets, trust assets, certain transferred property, and more. Additionally, if you marry after executing a will, your new spouse may be entitled to an intestate share of your estate as a “pretermitted spouse” unless the will expressly accounts for the marriage. These rules make it essential to update your estate plan after any change in marital status.

Florida's No-Contest Clause Limitations

Many states allow a will to include a “no-contest clause” that disinherits any beneficiary who challenges the will in court. Florida does not enforce no-contest clauses. Under Florida Statute §732.517, such provisions are void as against public policy. If you are concerned about a will contest, the better strategy in Florida is to use a funded revocable trust, which is significantly harder to challenge than a will and does not go through public probate proceedings.

Trust Disclosure Requirements

Florida’s Trust Code imposes ongoing disclosure obligations on trustees. After the grantor’s death, a trustee must notify qualified beneficiaries of the trust’s existence, their right to receive a copy of the trust document, and their right to an annual accounting. Understanding these duties is important when naming a successor trustee—the role comes with real legal responsibilities.

Florida's Probate Process and Why Trusts Help

Florida probate can be time-consuming and expensive. Formal administration—required for estates over $75,000 or with creditor issues—involves court filings, a creditor notice period of at least three months, inventory preparation, and judicial approval of distributions. Attorney fees in Florida probate are governed by a statutory schedule based on the gross estate value, which can represent a significant cost. A properly funded revocable trust eliminates probate entirely for the assets it holds.

Do You Need One?

Scenarios That Signal You Need a Will, a Trust, or Both

Estate planning is not one-size-fits-all. The right instruments depend on your family structure, asset profile, health, and goals. These common scenarios illustrate when each instrument is most important.

You Have Minor Children

A will is essential to name a guardian. A trust (or testamentary trust) is equally important to ensure assets are managed responsibly until your children reach adulthood rather than passing outright at 18.

You Own Florida Real Estate

Real property titled in your name alone must pass through probate. A revocable trust or Lady Bird Deed can eliminate this requirement and allow seamless transfer to your heirs.

You Have a Blended Family

Without careful planning, Florida intestacy laws may distribute your estate in ways that harm a prior family or inadvertently disinherit stepchildren. A trust with precise distribution terms is often the best solution.

You Have a Beneficiary with Special Needs

Leaving assets directly to a person receiving Medicaid or SSI can disqualify them from those benefits. A Special Needs Trust preserves the inheritance and the benefit eligibility simultaneously.

You Are Planning for Long-Term Care

If Medicaid may be needed to cover nursing home costs, a Medicaid Asset Protection Trust established at least five years before applying can protect significant assets from spend-down requirements.

You Value Privacy

Wills filed in probate court become public documents. A funded revocable trust never enters the public record, keeping your asset distribution, beneficiaries, and estate value entirely private.

You Own a Business

Business interests require succession planning that a simple will often cannot address. A trust, combined with a buy-sell agreement, can ensure business continuity and protect the value of your enterprise for your heirs.

You Are Single with No Close Relatives

Without a will, Florida’s intestacy laws will pass your estate to distant relatives you may barely know—or to the state if no relatives can be found. A will ensures your assets go where you actually want them.

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