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In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.
Florida revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.
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Yes. Assets held in a revocable living trust bypass Florida probate entirely — no court supervision, no public record, no statutory fees.Fla. Stat. § 736.0101 et seq.Verified May 30, 2026 Full probate in Florida typically takes 9-12 months. Use the Florida probate cost calculator to see what probate would cost without a trust.
Florida accepts a certificate of trust in lieu of the full trust instrument.Fla. Stat. § 736.1017Verified May 30, 2026 The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.Fla. Stat. § 736.1017(6), § 689.073(2)Verified May 30, 2026
Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a Florida pour-over will if needed.
The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 24-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement.Fla. Stat. § 736.0101 et seq.Verified May 30, 2026 Florida requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.
Most assets can be transferred: Florida real estate (via a Warranty Deed or Lady Bird Deed), bank accounts, investment accounts, vehicles, and personal property.Fla. Stat. § 736.0101 et seq.Verified May 30, 2026 Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.
It depends on your estate size and goals. Use the Florida trust vs. will comparison to see which fits your situation.
Yes. Florida supports remote online notarization (RON) for trust documents.Fla. Stat. § 117.209 You can sign and notarize your trust via video call with an approved RON provider — no in-person notary visit needed.
While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.
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