A revocable living trust is one of the most popular estate-planning tools in Florida because it can pass assets to your family without probate, keep your affairs private, and provide for management of your property if you become incapacitated. It is governed by the Florida Trust Code (Fla. Stat. ch. 736).
This guide explains what a Florida living trust does, how to fund it, and how it compares to a will. It is general information, not legal advice; consult a Florida attorney before creating a trust.
What a revocable living trust is
A revocable living trust is a legal arrangement you create during your lifetime under Fla. Stat. ch. 736. You (the “settlor” or “grantor”) transfer assets into the trust and typically serve as your own trustee, keeping full control. You name a successor trustee to take over if you die or become incapacitated, and beneficiaries who receive the assets under the trust's terms. Because the trust is revocable, you can amend or revoke it at any time while you are alive and competent.
During your life, the trust is essentially invisible for tax purposes—you continue to report its income on your own return, and because Florida has no state income tax, there is no separate state filing. The trust simply becomes the owner of whatever assets you choose to place in it.
How a trust avoids probate
Probate is required for assets titled in your sole name without a beneficiary designation. Assets owned by your trust, by contrast, are not in your sole name—they belong to the trust—so at your death they pass to your beneficiaries under the trust without court-supervised probate. This can save months of delay and the costs of formal administration (Fla. Stat. ch. 733).
Avoiding probate also means privacy. A will filed for probate becomes a public record; a trust generally does not. For Floridians who own real estate in more than one state, a trust can also avoid a second “ancillary” probate in the other state.
Funding the trust—the step people forget
A trust controls only the assets you actually transfer into it. This step, called funding, is where many trust plans fail. To fund a trust you must retitle assets into the name of the trust: record new deeds for real estate, change account titles at banks and brokerages, and update ownership of business interests. An unfunded trust—signed but never used to hold assets—does nothing and still leaves your estate in probate.
Some assets should not be retitled into the trust. Retirement accounts (IRAs, 401(k)s) usually keep individual ownership with the trust or individuals named as beneficiaries, to preserve tax benefits. Florida homestead deserves special care: transferring a homestead into a revocable trust can be done while preserving the constitutional creditor protection and homestead tax exemption, but it must be drafted correctly under Fla. Stat. ch. 736 and the homestead rules. See our homestead and estate planning guide.
The pour-over will
Even with a trust, you should sign a pour-over will. This will catches any asset you forgot to transfer into the trust—or acquired shortly before death—and directs it into the trust at death. The pour-over will is a backstop; assets that pass through it still go through probate, which is exactly why complete funding matters. The pour-over will also names guardians for minor children, which a trust cannot do. For will formalities, see our guide to Florida wills.
Planning for incapacity
A major advantage of a revocable trust is built-in incapacity planning. If you become unable to manage your affairs, your named successor trustee steps in to manage trust assets without a court guardianship (Fla. Stat. ch. 744). Paired with a durable power of attorney for assets outside the trust and a health care surrogate designation (Fla. Stat. ch. 765), a trust gives a seamless plan for both incapacity and death. See our advance directives guide.
Trust vs. will: which do you need?
A will is simpler and cheaper to set up but does not avoid probate and takes effect only at death. A trust costs more upfront and requires the discipline of funding, but it avoids probate, preserves privacy, and manages incapacity. Many Florida families use both—a trust as the centerpiece and a pour-over will as the safety net. The right choice depends on your assets, family, and goals; our overview of estate planning and probate in Florida compares the options.
Frequently asked questions
Does a Florida living trust avoid probate?
Yes—for the assets actually transferred into it. A funded revocable trust under Fla. Stat. ch. 736 passes those assets to beneficiaries without probate. Assets left out of the trust may still require probate, which is why funding is essential and why a pour-over will is used as a backstop.
Can I be my own trustee?
Yes. Most people serve as the initial trustee of their own revocable trust, keeping complete control during life. You name a successor trustee to take over if you become incapacitated or die. Because the trust is revocable, you can change trustees, beneficiaries, or terms at any time while competent.
Should I put my Florida home in a trust?
You can, and it can preserve both the constitutional creditor protection and the homestead tax exemption if drafted correctly. But homestead rules are technical, so this should be handled by a Florida attorney. See our homestead and estate planning guide for the details.
Is a living trust worth it if I have a small estate?
Not always. If your estate is modest and most assets already pass by beneficiary designation or joint ownership, a will plus updated beneficiary forms may be enough, especially since Florida offers summary administration for smaller estates. A trust pays off most clearly for larger estates, out-of-state property, privacy concerns, or incapacity planning.
Find a Florida estate planning attorney
A trust only works if it is drafted correctly and—just as importantly—fully funded. A Florida estate planning attorney can design a revocable living trust, retitle your assets, and coordinate it with a pour-over will and advance directives. This guide is general information, not legal advice—consult a licensed Florida attorney about your situation.