Wills vs. Trusts in Florida: What You Need to Know

When it comes to planning for the future, one of the most common questions Floridians ask is: Do I need a will or a trust?

The truth is, both are powerful tools—but they serve different purposes. And understanding how they work in Florida is critical to making the right decision for your family.

In this comprehensive guide, we’ll walk through the differences between wills and trusts, how they operate under Florida law, and which one might make the most sense for your situation. We’ll even share a few real-life stories from attorney Jamie Cuzmar’s experience to illustrate how these tools play out in real life.

What Is a Will in Florida?

A Last Will and Testament is a foundational legal document that outlines how you want your assets distributed when you pass away. In Florida, it’s also the primary way to name guardians for your minor children and to appoint a personal representative—the person responsible for managing your estate during the probate process.

Many people think a will is all they need. And while it’s incredibly important, it comes with limitations—especially in Florida, where probate is required even if you have a valid will.

Key Features of a Will in Florida:

• Becomes effective only after death—it has no legal authority while you're alive.
  
  
• Must go through probate, which is court-supervised and public.
  
  
• Names guardians for minor children, which is something a trust cannot do.
  
  
• Outlines specific instructions for who inherits what.
  
  

Florida has strict requirements for a will to be valid. It must be in writing (no handwritten or video wills unless fully compliant with Florida statutes), signed by the testator, and witnessed by two impartial witnesses.

Jamie Cuzmar once worked with a young couple in Central Florida who had just welcomed their first child. They had no major assets yet—no trust, no complicated financials—but they did have a strong desire to make sure their daughter would be raised by the right people if something happened to them. A simple will gave them the peace of mind they needed to protect their daughter’s future.

🔗 Learn more about creating a will in Florida

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What Is a Revocable Living Trust?

A Revocable Living Trust is a more flexible and comprehensive tool for managing your assets both during your lifetime and after your death. You create the trust and name yourself as the initial trustee, which means you stay in full control of your property. Upon your incapacity or death, a successor trustee steps in to manage or distribute assets according to your wishes—without court involvement.

Think of a trust like a living container for your assets. You fill it while you’re alive, use and manage what’s inside it, and then when the time comes, your successor simply continues the process without disruption.

Key Features of a Trust in Florida:

• Takes effect immediately, not just upon death.
  
  
• Avoids probate entirely, keeping everything private and out of court.
  
  
• Allows for asset management during incapacity—not just death.
  
  
• Lets you control how and when assets are distributed to beneficiaries.
  
  
• Offers privacy—no public filings like a will.
  
  

Trusts are ideal for people with:

• Real estate or significant financial assets
  
  
• Minor children or blended families
  
  
• A desire to keep their affairs private
  
  
• Concerns about long-term care, Medicaid planning, or guardianship
  
  

For example, Jamie recalls helping a widowed physician in Seminole County who had three adult children from two marriages. He wanted to leave them an equal inheritance—but only if certain milestones were met (graduation, marriage, financial independence). A revocable living trust allowed him to put those conditions in place without subjecting his family to court involvement.

🔗 Explore revocable living trusts in Florida

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Real-Life Example from Jamie Cuzmar

A client named Linda came into our Longwood office a few years ago. She was a retired schoolteacher who had a home, savings, and three adult children. She’d always assumed a will would be enough—until her friend’s estate took nearly a year to get through probate.

Linda didn’t want her kids to wait or deal with the court. We helped her set up a trust that held her home and bank accounts, and we also created a will as a backup. When Linda passed away, her children received everything within a few weeks—no probate, no stress.

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Wills vs. Trusts: A Side-by-Side Comparison

Feature

Will

Revocable Trust

Effective Date

After death

Immediately

Probate Required?

Yes

No

Privacy

Public record

Private

Controls Assets After Death

Yes

Yes

Manages Incapacity

No

Yes

Cost

Lower upfront

Higher upfront, but may save later

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Florida Probate: What You Need to Know

Probate is the legal process of settling a deceased person’s estate, and in Florida, it’s often more complex than people expect. If your assets aren’t structured properly, your loved ones could be dragged into a long, expensive, and public court proceeding.

Let’s break it down:

• Expensive: In Florida, probate attorney fees are often based on the value of the estate—not the complexity of the work. That means even a relatively simple estate can rack up thousands in fees. Court costs, filing fees, and executor compensation also add up quickly.
  
  
• Time-consuming: On average, Florida probate takes 6–12 months. If there are disputes, creditor claims, or out-of-state property involved, it can drag on for years—delaying inheritance, tying up property, and creating unnecessary stress.
  
  
• Public: Probate records are public documents. That means anyone—from nosy neighbors to identity thieves—can see what assets you had, who inherited them, and how your estate was managed.
  
  

Jamie Cuzmar once worked with a grieving daughter in Longwood, Florida, who had no idea her mother’s modest home and savings would take over a year to distribute due to probate delays. A revocable trust could’ve avoided all of it.

Here’s the key difference:
A Last Will and Testament must go through probate.
A Revocable Living Trust allows your family to bypass it entirely—saving time, money, and emotional strain.

🔗 Read more about probate in Florida

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Do You Need Both a Will and a Trust?

The short answer? Usually, yes. Even if you have a solid trust in place, a “pour-over will” serves as a safety net for anything left out.

Here’s why this matters:

• A trust only controls the assets you formally transfer into it. If you forget to move your car title, a small bank account, or a newly acquired property into the trust, those assets will still go through probate.
  
  
• A pour-over will makes sure anything left out is “poured over” into your trust upon your passing.
  
  

Most importantly, a will is the only document that names guardians for your minor children in Florida. If you’re a parent, this step is non-negotiable—even if you have a trust.

Jamie often tells the story of a couple who set up a beautifully crafted trust to avoid probate but didn’t have a will in place. They assumed everything was covered. Fortunately, Jamie caught the mistake and helped them draft a pour-over will—protecting their children and closing a major gap in their estate plan.

Bottom line: A trust handles your assets.
A will handles your guardianship and fills in the blanks.

🔗 Learn more about creating a will in Florida

Real-Life Example from Jamie Cuzmar

A client named came into our Longwood office a few years ago. She was a retired schoolteacher who had a home, savings, and three adult children. She’d always assumed a will would be enough—until her friend’s estate took nearly a year to get through probate.

Linda didn’t want her kids to wait or deal with the court. We helped her set up a trust that held her home and bank accounts, and we also created a will as a backup. When Linda unfortunately did pass away, her children received everything within a few weeks—no probate, no stress.

What Assets Can a Trust Hold?

One of the biggest misconceptions about trusts is that they’re only for the wealthy. In reality, any Florida resident who owns a home, has savings, or cares about avoiding probate should consider a revocable living trust.

Here’s what you can place into a trust:

• Your primary residence and other real estate, including vacation homes or rental properties
  
  
• Bank accounts, including checking, savings, and certificates of deposit
  
  
• Investment portfolios—stocks, bonds, mutual funds
  
  
• Small business ownership interests, such as LLC shares or partnerships
  
  
• Vehicles, boats, and even RVs (though this can vary by state and insurer)
  
  
• Personal belongings like artwork, collectibles, heirlooms, and jewelry
  
  

However, some assets pass outside of your will or trust by default—especially if you’ve named a beneficiary. That includes:

• Retirement accounts like IRAs and 401(k)s
  
  
• Life insurance policies
  
  
• POD (Payable-on-Death) or TOD (Transfer-on-Death) accounts
  
  

These assets are handled via beneficiary designations, and it’s critical to review those regularly to make sure they match your overall plan.

Jamie recently reviewed an estate where a woman had carefully set up her trust—but forgot to update her 401(k) beneficiary designation, which still listed an ex-husband. That mistake could’ve cost her daughter a six-figure inheritance. Fortunately, the error was caught in time.

🔗 Learn more about beneficiary designations

Which Is Right for You?

Here’s a quick way to think about it:

• Use a Will If: You have minimal assets, no real estate, and want a simple, low-cost option.
• Use a Trust If: You want to avoid probate, plan for incapacity, and keep your affairs private.
• Use Both If: You want comprehensive protection.

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What Happens If You Don’t Have Either?

If you die in Florida without a will or trust, your estate goes through intestate succession—a rigid set of state rules that determine who gets what. Your loved ones will have no control, and it may not reflect your wishes.

Florida law could divide your estate between your spouse and children in ways you never intended.

🔗 Florida Statutes on Intestate Succession

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How Do You Set Up a Will or Trust in Florida?

At Cuzmar Law, we guide clients through the process step-by-step:

1. Discovery Call: We learn about your goals and concerns.
2. Planning Meeting: We help you decide what tools (will, trust, or both) best fit your needs.
3. Document Drafting: Customized legal documents are created and reviewed with you.
4. Execution: We ensure everything is signed and witnessed per Florida law.

🔗 See how we work

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Common Myths Debunked

Myth #1: "Only rich people need trusts."

Truth: Trusts benefit anyone who wants to avoid probate or protect assets for loved ones—regardless of net worth.

Myth #2: "If I have a will, my family avoids court."

Truth: Wills require probate in Florida. Only trusts skip it.

Myth #3: "Trusts are too complicated."

Truth: With the right guidance, trusts can be straightforward and extremely effective.

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Final Thoughts: Protect What Matters Most

Whether you're just starting your estate plan or revisiting it after a life change, understanding the difference between wills and trusts is critical. Each tool has strengths—and sometimes the best approach is a combination of both.

At Cuzmar Law, we believe estate planning should be simple, personal, and built around your goals. Whether you’re a young family, a retiree, or a business owner, we’ll help you find the best path forward.

Ready to protect your family’s future? Book your consultation today.

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External Resources:

• The Florida Bar - Consumer Information on Wills & Trusts
• Florida Statutes on Trusts
• University of Florida IFAS Extension - Estate Planning Basics

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