What happens to the trust after I die in Florida?

The successor trustee takes over and the trust becomes irrevocable, then distributes assets according to the trust terms without probate court involvement. Florida has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 24 months), which the trustee settles before distributing. (Fla. Stat. § 733.710 (2-yr absolute bar from death); § 733.2121 (only the personal representative publishes notice to creditors); § 733.702 (3-month nonclaim bar from PR publication — probate procedure, requires opening an estate); § 736.05055 (notice of trust is a court filing only, no creditor bar); § 736.05053 (trustee duty is to pay PR-certified estate expenses/claims, not to publish or serve creditor notice). No trustee-initiated/elective trust-creditor procedure in ch. 736. Verified 2026-06-20.) Florida requires the trustee to notify beneficiaries within 60 days of the grantor's death. The trust also needs its own EIN from the IRS once the grantor dies.

Do I need a trust or just a will in Florida?

It depends on your estate size and goals. A trust adds value when: you own real estate, you want privacy (probate is public), you need incapacity planning, or you own property in multiple states. A will alone means probate court handles everything.

When does a trust need a tax ID number in Florida?

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust becomes irrevocable and needs its own EIN from the IRS. The successor trustee applies for the EIN before opening trust bank accounts or filing trust tax returns.

Florida Revocable Living Trust

Florida revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

Progress0%

Step 1 of 6

Your Information

Tell us about yourself to get started.

First Name*

Middle Name

Last Name*

Date of Birth*

Email Address*

Phone Number

Street Address*

City*

State*

ZIP Code*

I agree to SimplyTrust's Terms of Service and Privacy Policy, and understand that continuing creates a SimplyTrust account.*

I agree to receive updates about the SimplyTrust app and estate planning tips via email. You can unsubscribe at any time.*

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Florida Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass Florida probate entirely — no court supervision, no public record, no statutory fees. 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. 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.

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, then distributes assets according to the trust terms without probate court involvement. Florida has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 24 months), which the trustee settles before distributing. 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. 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 requires 2 witnesses for a revocable trust, and they may attend by live audio-video rather than in person; the instrument may be signed electronically. Nothing in the signing has to happen in person under Florida law. See all Florida signing requirements.

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.

Avoiding Probate in Florida

A revocable trust avoids Florida probate, which typically takes 9 months to 12 months. Without a trust, assets in your name go through public court proceedings. Everyone needs a will — the question is whether a trust adds enough value to justify the cost.

Trust administration in Florida happens privately: the successor trustee distributes assets per the trust terms without court supervision. Florida has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 24 months), which the trustee settles before distributing. A certificate of trust — accepted by Florida banks, title companies, and recorders — establishes the trustee's authority without revealing the full document. To fund the trust with real property, a Warranty Deed or Lady Bird Deed is recorded with the county.

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Florida statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

Marriage

What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.

Learn more

New Home

How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.

Learn more

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more

Retirement

Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.

Learn more

Florida Estate Planning Resources

In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.

Frequently Asked Questions About Florida Revocable Living Trusts

It depends on your estate size and goals. Use the Florida trust vs. will comparison to see which fits your situation.

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.

Avoiding Probate in Florida

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.